Opinion
No. 33020
Decided May 7, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Motor vehicles — Chattel mortgages — Sales — Michigan car dealer, mortgagor, in possession — Mortgage recorded under Michigan law — Sale to Ohio dealer under representation car free from liens — Assignment to Ohio dealer of Michigan certificate showing no liens — Procurement of Ohio certificate and resale of car — Mortgagee's right to maintain action in conversion against Ohio dealer — Governed by Michigan law — Unproved law of foreign state assumed same as Ohio — Mortgagee not estopped to assert lien by "floor plan financing" — Procurement of Ohio certificate of title not determinative, when — Contract made in Michigan.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. M. Alfred Roemisch and Mr. Herbert L. Wright, for appellee.
Messrs. Terrell, Williams Salim and Mr. Philip Kasdan, for appellant.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.