Havas v. 105 Casino Corp.

417 P.2d 239, 82 Nev. 282, 1966 Nev. LEXIS 232
CourtNevada Supreme Court
DecidedJuly 15, 1966
DocketNo. 5037
StatusPublished
Cited by2 cases

This text of 417 P.2d 239 (Havas v. 105 Casino Corp.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Havas v. 105 Casino Corp., 417 P.2d 239, 82 Nev. 282, 1966 Nev. LEXIS 232 (Neb. 1966).

Opinion

[283]*283OPINION

By the Court, Collins, J.:

This action involves the alleged conversion of a 1954 Cadillac automobile claimed to be owned by appellant but sold by respondents at a public auction sale pursuant to NRS 108.270-108.360, popularly known as the “Garage-men’s Lien Law.” Defendant George H. Davis, though served with process, did not appear and defend the action in the trial court. Havas sold the automobile to Dorothy L. Druachel on a conditional sales contract in 1961 and delivered possession to her, reserving title in himself. The automobile was left in a parking lot operated by respondent 105 Casino Corporation for an extended period of time. 105 Casino Corporation published a notice in a Las Vegas newspaper advertising the automobile for sale to satisfy a so-called storage lien, in which it was stated the registered and legal owners were unknown. The automobile was also misdescribed, both as to model year and motor serial number. It was sold on January 25, 1962 to Norma J. Jurun for $325. An affidavit to the above effect was executed by George H. Davis on behalf of the 105 Casino Corporation, although his oath before a notary public was not completed. For a reason not apparent from the record, the Registration Division of The Department of Motor Vehicles, State of Nevada, accepted Davis’ partially completed affidavit of sale of the vehicle, required the purchaser to execute a release and issued a certificate of registration and ownership to Norma J. Jurun. The record reflects Havas’ testimony that he never received [284]*284notice of the sale of the automobile by 105 Casino Corporation. No evidence to the contrary was offered. Havas had in his possession and offered in evidence, which was admitted as shown by the clerk’s stamp, a certificate of ownership to the vehicle issued by The Department of Motor Vehicles, in 1960, being identical in description to the vehicle described in the certificate issued to Norma J. Jurun. This certificate of ownership, through endorsement on the reverse side, discloses Vic Havas Motor Company to be legal owner and Hubert Dubrow or Dorothy L. Druachel to be registered owners. Havas attempted to testify that such title was in effect in 1962, when the public sale took place, but apparently the trial court struck his answer upon motion by counsel for 105 Casino Corporation. The record reflects as follows:

“By Mr. Lionel: May we have the question and answer stricken then, Your Honor? I have no objection if that’s being offered.
“By the Court: All right.
“By Mr. Lionel: Is that Your Honor’s ruling?
“By the Court: Yes.”

During the trial the question of value of the automobile at the time of sale at public auction in 1962 arose. Upon that issue the record reflects the following testimony of Havas and ruling by the court upon objection thereto by respondent’s counsel.

“By Mr. Magleby: Q. Do you have an opinion, Mr. Havas, of the value of a 1954 Cadillac convertible in the year 1962?
“By Mr. Lionel: To which I object, Your Honor, on the ground no — it’s immaterial, irrelevant and no foundation laid. It has nothing to do with this case.
“By the Court: Go ahead, answer it.
“A. A Cadillac, first of all, mainly it’s on the condition. Just to offer for counsel’s benefit, I’ve had — I have bankers and different people in the different fields call me on what a car is valued at after seeing it, but I’d say we sold this car almost at the end of ’60 and the first of ’61, and at that time we had $1600.00 balance on this. I would say approximately a year later I would say this car would be worth, oh, I would say $1200.00.
[285]*285“By Mr. Lionel: I must move to strike the answer, Your Honor. Strike the answer to that.
“By the Court: Motion denied.”

When Havas offered in evidence his exhibit A, a certificate of Richard A. Herz, Chief Registration Division, Department of Motor Vehicles, State of Nevada, under his hand and seal, to which were attached copies of the affidavit of publication of the notice of sale of the automobile; certificate of registration and ownership issued to Norma J. Jurun; affidavit of Davis of sale of the vehicle by 105 Casino Corporation; and release from Norma J. Jurun to The Department of Motor Vehicles, the record reflects the following colloquy between the court and counsel:

“By Mr. Magleby: At this time, if the Court please, we would like to offer into evidence certified copies of The Department of Motor Vehicle records.
“By Mr. Lionel: To which we object, Your Honor, on several grounds. Number one, there is no foundation of any kind laid for its admission, and number two, of no kind, and number two, what purports to be an affidavit in there is not signed by anybody. If your Honor will look at the purported affidavit of one George Davis, you will find it’s not notarized. It’s supposed to be an affidavit on this form, and the next thing, Your Honor, there is no proof that that’s George Davis’ signature. The next ground, there is no proof whatsoever that he in any way represents the defendant, 105 Casino Corporation, and if the Court please, the Statute 49.050 provides, the original or a microfilm or photostatic copy, or copy of any record other than a judicial record, document or paper in custody of a public officer of this State or the United States, certified by such officer to be the original or to be a photostat or microfilm, or to be a true, full and correct copy of the original in his custody, may be received in evidence in any action or proceeding in the Courts of this State in like manner and with the like effect as the original could be if produced. Now, if that were the original, Your Honor, we would have a right to object on the ground there is no foundation laid for its admission. Here is a purported affidavit which [286]*286is not authorized, here we don’t know whether that's George Davis’ signature. We don’t know whether or not George Davis represented or worked for the Nevada Club, was authorized to sign and even on its face it shows that he’s not an officer of that organization. They are not bound by that, Your Honor, clearly inadmissible evidence, pure hearsay.
“By Mr. Magleby: I think the Statute provides, if the Court please, that a certification of a public official of this State can be introduced of the evidence on file, or the records that are on file in that office, and that’s what that represents.
“By Mr. Lionel: Your Honor, the distinction is if it is a public record as distinct from a record in his custody and the Statute says in that case it is equally admissible with the original, if the original would be admissible. That is clearly not admissible, Your Honor. We object to its admission upon the grounds stated.
“By the Court: I will hold the ruling in abeyance. Go ahead.”

The exhibit was marked for identification but no further action by the trial court indicating it was either admitted or rejected appears in the record. The clerk’s stamp on the exhibit shows it to be marked for identification only, not admitted.

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Bluebook (online)
417 P.2d 239, 82 Nev. 282, 1966 Nev. LEXIS 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/havas-v-105-casino-corp-nev-1966.