Kleinfeld v. the General Auto Sales Co.

The opinion of the court was delivered by

Perskie, J.

The primary question requiring decision is whether one of two joint owners of an automobile may maintain an action of replevin for that automobile against a stranger ?

The facts were stipulated. In January of 1932, Albert and Henrietta Raymond, husband and wife, purchased, as tenants in common, a 1930 Packard coupe automobile. Their bill of sale was filed with and approved by the commissioner of motor vehicles of New Jersey and a registration card was duly issued to them as such owners.

Prior to their having purchased the automobile, the…