Wentworth & Irwin, Inc. v. United States National Bank

This action to replevy 23 automobiles involves a priority dispute between two creditors of Heinrich Motors (Heinrich), an automobile dealership. The trial court entered judgment for defendant, notwithstanding the jury verdict for plaintiff. Plaintiff appeals, and defendant cross-appeals. We affirm on the appeal, and the cross-appeal thereby becomes moot.

Plaintiff is in the business of leasing new cars and trucks. In September and October, 1981, it “purchased” and contemporaneously leased back to Heinrich 25 new Datsun automobiles. Plaintiff contends that it thereby acquired a lessor’s…