Charles Evans Bmw, Inc. v. Williams

395 S.E.2d 650 (1990)

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Nature of the Case

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Facts

D agreed to sell his car to Hodge and D accepted a cashier's check from Hodge as payment. With no indication on the certificate of title that Hodge was the purchaser, D signed the title in his capacity as seller and then delivered that document and the car to Hodge. Hodge, representing himself to be D, offered to sell the automobile to P. When a price was agreed upon, Hodge presented to P the certificate of title bearing D's signature as seller and P gave Hodge a check which named D as the payee. Hodge then cashed the check at a local bank when Hodge produced as identification a Kentucky driver's license bearing the same number of the Kentucky driver's license that had been issued to D. After P bought the car from Hodge, D was notified that the cashier's check he had accepted from Hodge was a forgery. By the time P was made aware of the true facts, it had already resold the car. The car and the certificate of title were returned to P, and the purchase price was refunded by P. P was then required to return the car to D. P retained the certificate of title and initiated this trover action against D. Cross-motions for summary judgment were filed. The trial court denied P's motion for summary judgment and granted summary judgment in favor of D. P appealed.