243 Mass. 143 | Mass. | 1922
This is an action of replevin to recover an automobile, tried without a jury before a judge who made findings of facts. A brief summary of those findings is that the plaintiff bought the automobile in 1920 of one McCall, a dealer, of Groton
The statute law of the State of New York as to the sale and registration of a motor vehicle was found to be that upon the sale of a registered motor vehicle the vendor shall indorse upon the certificate of registration the name and address of the vendee and “shall sign such endorsement;” and that a delivery or acceptance of a transfer of a motor vehicle without delivery of such certificate so indorsed shall be illegal and punished as a misdemeanor.
The only exception taken was that on these facts the plaintiff was not entitled to recover under the laws of this Commonwealth or under the laws of New York.
The general finding made by the judge in favor of the plaintiff imports the drawing of all inferences in his favor of which the facts are susceptible. The findings of fact must stand because no evidence is reported.
Anderson was at most a special agent with respect to the plaintiff’s automobile. He had only the limited authority to show it to “his prospect” and to state to him the price, which
While a principal is bound by the authority apparently conferred upon his agent, the delivery of the automobile to' Anderson for purpose of exhibition to one person gave him no implied authority to sell it. Mere possession of an automobile by a bailee such as Anderson was conferred no apparent authority to sell it. When he traded it he transferred no title. The plaintiff remained the owner. Magee v. Scott, 9 Cush. 148. Thacher v. Moors, 134 Mass. 156. H. A. Prentice Co. v. Page, 164 Mass. 276. Boston Supply Co. v. Rubin, 214 Mass. 217. Farmers & Mechanics’ National Bank of Buffalo v. Atkinson, 74 N. Y. 587. The facts fall far short of requiring a finding of estoppel against the true owner to assert title as in Silver v. Roberts Garage, Inc. 240 Mass. 571. Moreover the law of New York required the plaintiff in case of sale to indorse the registration certificate of the automobile. He cannot be presumed to have authorized a sale without such indorsement. The delivery of the registration certificate to Anderson under the circumstances here disclosed conferred upon him no authority from the plaintiff to make such indorsement.
Reference is made in the exceptions to the New York factors act, 5 Consol. Laws (2d ed.) c. 41, § 43. The defendant has based an argument on this act although it is doubtful if it is open upon the exception?. That act has no relevancy to the facts here found. Anderson was not a factor. He was not an agent of the plaintiff entrusted with the possession of the automobile for the purposes of sale. The certificate of registration was not a bill of lading, custom-house permit or warehouseman’s receipt within the meaning of that act.
The findings of fact contain no reference to the law of New York as to agency aside from the factors act. The law of a foreign State is a fact and must be proved by reference to authoritative decisions or otherwise like any other fact. The court does not take judicial notice of it. Electric Welding Co. Ltd. v. Prince, 200 Mass. 386. In the absence of evidence and
Whether the attempted transfer of title of the automobile here in question by Anderson was illegal because contrary to the statute of New York, Anderson having no authority to sign the plaintiff’s name by way of indorsement to the registration certificate, need not be considered.
No error of law is shown on this record.
Exceptions overruled.