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Landshire Food Svs Inc v. Coghill 709 S.W.2d 509

Landshire Food Svs Inc v. Coghill 709 S.W.2d 509

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Published by Thalia Sanders

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Published by: Thalia Sanders on Aug 30, 2010
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Westlaw Delivery Summary Report for PATRON ACCESS,-
Date/Time of Request: Monday, August 30, 2010 11:58 EasternClient Identifier: PATRON ACCESSDatabase: MO-CSCitation Text: 709 S.W.2d 509Lines: 268Documents: 1Images: 0
10.7 Passage of Title Contract Sales and Lease Contracts: Formation, title and Risk
The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters,West and their affiliates.
 
Missouri Court of Appeals,Eastern District,Division Four.LANDSHIRE FOOD SERVICE, INC., a corpora-tion, and Barry J. Hyken, Appellants,v.J.A. COGHILL, et al., Respondents.
No. 49847.
April 15, 1986.Motion for Rehearing and/or Transfer Denied May13, 1986.Dispute arose as to ownership of motor vehiclewhich had been sold by person who had obtainedpossession of title through fraud. Buyer sought de-claratory judgment as to ownership and judgment inreplevin for return of vehicle, of which police hadtaken possession. The Circuit Court for St. LouisCounty, Kenneth M. Weinstock, J., found in favorof the original owner. Buyers appealed. The Courtof Appeals, Crandall, P.J., held that: (1) statutoryrequisites for transfer of title to motor vehicle weremet, notwithstanding fact that title was not signedby registered owner in buyer's presence and thattitle bore date different than date of actual sale, and(2) buyer of motor vehicle from seller, who hadprocured title through fraud, did not meet his bur-den of proving that he was bona fide purchaser.Affirmed.West Headnotes
[1]Automobiles 48A 20
48AAutomobiles48AIControl, Regulation, and Use in General48Ak20k. Certificate of Title.Most Cited CasesDelivery of certificate of ownership to motorvehicle must be reasonably contemporaneous withdelivery of motor vehicle.V.A.M.S. § 301.210.
[2]Automobiles 48A 20
48AAutomobiles48AIControl, Regulation, and Use in General48Ak20k. Certificate of Title.Most Cited CasesPurpose of mandatory requirements of statute gov-erning endorsement of certificate of ownership anddelivery to buyer of motor vehicle is to preventfraud and deceit in sale of cars and to hampertraffic in stolen vehicles.V.A.M.S. § 301.210.
[3]Automobiles 48A 20
48AAutomobiles48AIControl, Regulation, and Use in General48Ak20k. Certificate of Title.Most Cited CasesNoncompliance with statute governing endorsementof certificate of ownership and its delivery to buyerof motor vehicle means that title to motor vehicledoes not pass and purported buyer acquires no own-ership in vehicle.V.A.M.S. § 301.210.
[4]Automobiles 48A 20
48AAutomobiles48AIControl, Regulation, and Use in General48Ak20k. Certificate of Title.Most Cited CasesDisparity between date on title to motor vehicle anddate of actual sale is not considered fatal to properassignment of title.V.A.M.S. § 301.210.
[5]Automobiles 48A 19
48AAutomobiles48AIControl, Regulation, and Use in General48Ak19k. Sale or Transfer.Most Cited CasesStatutory requisites for transfer of title to motorvehicle were met, notwithstanding fact that titlewas not signed by registered owner in buyer's pres-Page 1709 S.W.2d 509, 1 UCC Rep.Serv.2d 729
(Cite as: 709 S.W.2d 509)
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
 
ence and that title bore date different than date of actual sale.
[6]Sales 343 234(5)
343Sales343VOperation and Effect343V(D)BonaFide Purchasers 343k234Nature and Grounds of Protec-tion in General343k234(5)k. Validity of Transfer toSeller and Property Procured by Fraud.Most CitedCases(Formerly 197k234(5))Where original owner, although induced by fraud,has voluntarily given to another apparent ownershipin motor vehicle, bona fide purchaser, who has re-lied upon that person's possession of certificate of title and of vehicle, is protected.
[7]Sales 343 234(5)
343Sales343VOperation and Effect343V(D)BonaFide Purchasers 343k234Nature and Grounds of Protec-tion in General343k234(5)k. Validity of Transfer toSeller and Property Procured by Fraud.Most CitedCasesPurpose of rule that person who procures titlethrough fraud receives voidable title and is able totransfer good title to bona fide purchaser, is to pro-mote free transferability of property in commerce.
[8]Sales 343 244(1)
343Sales343VOperation and Effect343V(D)BonaFide Purchasers 343k244Evidence as to Purchase in GoodFaith343k244(1)k. Presumptions and Bur-den of Proof.Most Cited CasesWhere fraud in original transfer of motor vehicle isshown, subsequent purchaser has burden of provingthat he was in fact bona fide purchaser.
[9]Automobiles 48A 20
48AAutomobiles48AIControl, Regulation, and Use in General48Ak20k. Certificate of Title.Most Cited CasesCertificate of title to motor vehicle is not conclus-ive proof of ownership of such vehicle, but is onlyprima facie evidence of ownership, capable of be-ing rebutted by other evidence.
[10]Sales 343 235(1)
343Sales343VOperation and Effect343V(D)BonaFide Purchasers 343k235Notice343k235(1)k. In General.Most Cited Cases
Sales 343 235(2)
343Sales343VOperation and Effect343V(D)BonaFide Purchasers 343k235Notice343k235(2)k. Actual orConstructiveNotice.Most Cited CasesBuyer of motor vehicle will not be protected wherehe is put on notice of irregularities in seller's titleeither by defects in face of certificate of ownershipor by other circumstances, and requisite notice maybe imparted to prospective purchaser by actual orconstructive notice of facts which would place reas-onably prudent person upon inquiry as to title he isabout to purchase.
[11]Sales 343 244(3)
343Sales343VOperation and Effect343V(D)BonaFide Purchasers 343k244Evidence as to Purchase in GoodFaith343k244(3)k. Weight and Sufficiency.Page 2709 S.W.2d 509, 1 UCC Rep.Serv.2d 729
(Cite as: 709 S.W.2d 509)
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

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