Jones v. Beavers

866 P.2d 362, 116 N.M. 634
CourtNew Mexico Court of Appeals
DecidedAugust 10, 1993
Docket11790
StatusPublished
Cited by17 cases

This text of 866 P.2d 362 (Jones v. Beavers) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Beavers, 866 P.2d 362, 116 N.M. 634 (N.M. Ct. App. 1993).

Opinion

OPINION

DONNELLY, Judge.

Both Plaintiff and Defendant have filed appeals from a judgment of the trial court awarding damages to Plaintiff for wrongful conversion of personal property. Defendant contends that the trial court erred in (1) finding that he wrongfully converted personal property belonging to Plaintiff; (2) refusing to find that certain items of Plaintiffs personal property alleged to have been converted by Defendant were, in fact, seized by a third party; and (3) refusing to award him attorney’s fees for defending against Plaintiffs claim that Defendant violated the New Mexico Unfair Trade Practices Act. In his cross-appeal, Plaintiff asserts the trial court erred (1) in refusing to find that Defendant violated the Unfair Trade Practices Act; and (2) rejecting his request for an award of attorney’s fees. Issues raised in the docketing statements but not briefed are deemed abandoned. State v. Johnson, 103 N.M. 364, 367, 707 P.2d 1174, 1177 (Ct.App.), cert. quashed, 103 N.M. 344, 707 P.2d 552 (1985). We affirm the judgment entered below. FACTS

In January 1983 Plaintiff possessed a 1977 Kenworth dump truck that he had financed through the Los Alamos Credit Union (Credit Union). The Credit Union held a valid security interest in the truck. Plaintiff fell into arrears in making the monthly payments on the truck and the Credit Union sought to repossess the vehicle.

Defendant agreed to loan Plaintiff $13,304 so that he could pay off the indebtedness owing to the Credit Union. The parties agreed that Defendant would prepare a note and other documents to evidence the loan and to give Defendant a security interest in the truck. After paying off the loan to the Credit Union, Defendant received the title for the truck from the Credit Union and agreed that Plaintiff would retain possession of the truck. Plaintiff never signed an assignment of title to Defendant. Although Defendant received physical possession of the document of title to the truck, he never had the title transferred to his name, he failed to ever record a lien against the truck with the Motor Vehicle Division, and he never requested that he be named as the loan payee on the vehicle insurance policy.

Plaintiff failed to secure other refinancing on the vehicle and, on April 15, 1983, Defendant or his agents broke into and seized the truck and moved it to Defendant’s property in Roswell. On April 19, 1983, Plaintiff discovered that the truck was being stored on Defendant’s premises, but Defendant’s employees refused to allow him to remove it. Thereafter, Defendant offered to return the truck to Plaintiff for the principal sum of $13,304, together with $1000 interest, and the payment of $150 attorney’s fees. When Plaintiff failed to promptly accede to this demand, Defendant made arrangements to sell the truck to a third party.

On May 13, 1983, Plaintiffs attorney contacted Defendant and advised him that Plaintiff had obtained a loan sufficient to pay off the indebtedness owing to Defendant and that the loan would be funded in approximately two weeks. During this discussion, Defendant showed Plaintiffs attorney the title to the truck and a bill of sale. The documents purportedly contained the signatures of Plaintiff. Plaintiff disputed ever having signed the documents or agreeing to a sale of the truck. Despite being apprised of the fact that Plaintiff had taken steps to repay the loan owing to Defendant, Defendant agreed to sell the truck to Dwaine Meador. Signatures appearing on the truck title pm-ported to show that the title had been transferred from Plaintiff to Meador.

Plaintiff obtained a temporary injunction against Defendant, prohibiting him from selling the truck to Meador. On May 25, 1983, Plaintiff paid Defendant the sum of $14,454, inclusive of interest and attorney’s fees. Following payment of the money to Defendant, Plaintiff sought to obtain various items of personal property that had been left in the truck when it was seized by Defendant, and other personal property that had been stored on Defendant’s premises with the consent of Defendant. The evidence was conflicting as to whether these items were ever returned to Plaintiff. Plaintiff testified that Defendant refused to permit him to pick up and remove the property. Defendant testified he returned most of the items to Plaintiffs residence, but they were then seized by a third party.

Plaintiffs amended complaint against Defendant sought damages for Defendant’s wrongful repossession and retention of the truck and personal property. Plaintiffs complaint was premised on six different theories: Count I sought a preliminary injunction and restraining order; Count II sought both actual and punitive damages against Defendant for misrepresentation; Count III sought damages against Defendant and others for allegedly forging Plaintiffs signature to the certificate of title on the truck; Count IV sought damages against Defendant and another for falsely notarizing Plaintiffs signature on the certificate of title; Count V alleged that Defendant, together with others, violated the New Mexico Unfair Trade Practices Act by making false or misleading statements incident to the attempted sale of the truck; and Count VI sought damages against Defendant for the wrongful conversion of personal property belonging to Plaintiff.

Following a bench trial, the trial court adopted findings of fact and conclusions of law, and entered judgment awarding damages against Defendant. The judgment dismissed Counts II through V, and awarded Plaintiff compensatory damages in the sum of $12,899 against Defendant under Count VI, and punitive damages in the sum of $15,000, together with costs.

DEFENDANT’S APPEAL

Claim of Error, Sufficiency of Evidence

We jointly consider Defendant’s first and second issues raised on appeal. Defendant argues that the trial court erred in finding that he wrongfully converted personal property owned by Plaintiff, which had been left in the truck when it was seized or which had been stored on Defendant’s premises. In furtherance of this contention, Defendant argues that, under the Uniform Commercial Code, he was a transferee of the title to the truck pursuant to NMSA 1978, Section 55-7-504 (Repl.Pamp.1987), and was substituted to all of the rights previously held by the Credit Union in the truck after Defendant arranged to pay off the indebtedness previously owed by Plaintiff to the Credit Union. He argues that when the Credit Union forwarded the truck title to him, he became the transferee and holder of a security interest in the truck and was entitled to repossess the truck and the personal property contained therein. Defendant also argues that the evidence was insufficient to support the trial court’s findings that he wrongfully converted personal property owned by Plaintiff. He specifically argues that there was no showing or finding of negligence on Defendant’s part. We find Defendant’s arguments unpersuasive.

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Cite This Page — Counsel Stack

Bluebook (online)
866 P.2d 362, 116 N.M. 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-beavers-nmctapp-1993.