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Tuesday, June 17, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In Cruisin', Inc., d/b/a Cruisin' Auto Sales v. Springleaf Financial Services of Indiana, Inc., f/k/a American General Financial Services , a 14-page opinion, Judge Brown writes:

[T]he Check contained an endorsement (the “Endorsement”) placed by Springleaf which stated:
ENDORSEMENT of this check acknowledges receipt of PAYMENT IN FULL for the motor vehicle described below and the title for said vehicle is hereby GUARANTEED to the maker of said check.

Make Chevy Year 1998 Motor Number -2G1WW12MSW9131950

You are authorized to negotiate this check only (1) when account is paid in full (2) when all liens have been satisfied and (3) when title has been mailed to the payor.

* * * The issue is whether the trial court erred in entering judgment for Springleaf based upon the language of the Endorsement placed on the Check. * * *

As noted above, the Endorsement placed on the Check by Springleaf stated in part that negotiation of the check was authorized only “(1) when account is paid in full (2) when all liens have been satisfied and (3) when title has been mailed to the payor.” Plaintiff’s Exhibit D.

Cruisin’ endorsed and negotiated the Check, thereby accepting the terms of this simple contract. * * *

We conclude that the court did not err in entering judgment in favor of Springleaf and ordering Cruisin’ to reimburse Springleaf for the amount of the Check, which was $2,500.02, plus court costs of $159.00. * * * Affirmed and remanded.

NFP civil opinions today (1):

Valle Vista Limited, LLC v. Selective Insurance Company of South Carolina (NFP)

NFP criminal opinions today (5):

Christopher Carlisle v. State of Indiana (NFP)

Dustin Perkins v. State of Indiana (NFP)

Kent A. Easley v. State of Indiana (NFP)

Cornelius Hines v. State of Indiana (NFP)

Trevor Nash Tice v. State of Indiana (NFP)

Posted by Marcia Oddi on June 17, 2014 11:06 AM
Posted to Ind. App.Ct. Decisions