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205 Tenn. 458

Boyd v. Interstate Acceptance Corp.

Tennessee Supreme Court

Decided July 27, 1959

Tennessee Supreme Court · decided 1959-07-27

Cited by 1 later decisions — most recently March 1989

1 state decisions

Relies on Sloan v. Jones · Evans v. Pearson · Dye v. McCanless

Good law ✅— No negative treatment on recordhow we know

Decided 1959-07-27

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Me. Justice Prewitt,

¶1delivered the opinion of the Court.

¶2This is another confiscation case wherein the Commissioner, after a full hearing, ordered that the Ford automobile in question be confiscated and sold as provided by law.

¶3The case was taken to the Circuit Court by certiorari and that court reversed the Commissioner, holding that the Commissioner could not legally order confiscation of the car and this appeal resulted.

¶4*460It appears that Mitchell York and wife Lillian York live in Tennessee, near Red Boiling Springs; that they bought the Ford car in question from a dealer in Glasgow, Kentucky, some seventy miles from their home. This car was bought on a credit and the notes were traded to Interstate Acceptance Corporation, a Kentucky Company. They lay claim to the car as a lienor on a conditional sales contract.

¶5The Commissioner contends here that, the Acceptance Company did not comply with Section 57-623 T.C.A. in that the Company did not make inquiry preceding the negotiation of the notes, as to the reputation of the purchasers, Lillian York and husband Mitchell York for dealing in liquor.

¶6It further appears from the record that a large quantity of moonshine whiskey was found in this automobile after it was purchased by the buyers Lillian York and husband Mitchell York, and the State contends that both of these buyers had the reputation of illegally and unlawfully selling and transporting intoxicating liquors at the time the whiskey was found in the car.

¶7It appears from the record that there is no requirement in the State of Kentucky that inquiry be made to the Sheriff or other officers for the violation of the liquor laws. Under Kentucky State 244.200, the lien-holder is entitled to the satisfaction of his lien.

¶8We think this case must be determined by the law of the State of Kentucky. Sloan v. Jones, 192 Tenn. 400-407, 241 S.W.2d 506, 25 A.L.R.2d 1235. This being the case the principles announced in Dye v. McCanless, 185 Tenn. 18, 22, 202 S.W.2d 657, and Evans v. Pearson, 193 Tenn. 528, 534, 246 S.W.2d 964, have no application.

¶9*461As before stated this whole transaction took place in the State of Kentucky, and it appears that the Finance Company herein complied with the laws of the State of Kentucky, which does not provide for any investigation as to the prospective buyer.

¶10This being our view of the case there is no error in the judgment of the Circuit Court and it is affirmed.

Neel, Chieb Justice, and Tomlinson, Justice, dissenting.
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