First National Bank of Cobb County v. NATIONAL DEALER SERVICES, INC.

Banke, Judge.

On March 23,1978, appellee insurance company paid Autohaus of Edens, Inc., an automobile dealership in Northbrook, Illinois, for the theft loss of a 1975 Mercedes Benz 450 SL automobile. In return, Autohaus assigned its interest in the automobile to appellee. On March 20,1978, the appellant bank had purchased a 1975 Mercedes Benz 450 SL on consignment from Gross Automotive, Inc., of Northbrook, Illinois, and appellee learned through the FBI that the automobile to which it held title was in appellant’s possession. When appellee’s demands for possession were refused, it brought…