Charter One Auto Finance v. Inkas Coffee Distributors Realty and Equipment L.L.C.

57 UCC Rep. Serv. 2d 672, 39 Conn. L. Rptr. 110 (2005)

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Charter One Auto Finance v. Inkas Coffee Distributors Realty and Equipment L.L.C.

Connecticut Superior Court
57 UCC Rep. Serv. 2d 672, 39 Conn. L. Rptr. 110 (2005)

  • Written by Jody Stuart, JD

Facts

Charter One Auto Finance (Charter) (plaintiff), a lender, was assigned a retail installment contract in which Inkas Coffee Distribution Realty and Equipment L.L.C. (Inkas) (defendant) purchased a motor vehicle. The contract required Inkas to pay 60 monthly installments. Charter received a security interest in the vehicle in September 2000, and the security interest was properly noted on the title certificate of the vehicle. In July 2001, Inkas stopped making the payments due under the contract. Connecticut International Parking, L.L.C. (International) (defendant) engaged in the business of storing motor vehicles at its parking lot. In May 2001, Inkas delivered its vehicle to International for storage. International maintained lawful possession of the vehicle from May 2001 through May 2004. International periodically started and moved the vehicle to maintain the vehicle in operating condition. The storage fees incurred equaled $9,851. In April 2004, Charter demanded that International deliver the Inkas vehicle to Charter, claiming lien rights in the vehicle. International offered to deliver the vehicle upon receiving proof of Charter’s rights but demanded to be paid for the storage fees International was owed. Charter refused International’s demand and sought and obtained an order of replevin for the vehicle. In addition to seeking replevin, Charter sought other relief, including money damages and attorney’s fees. International filed a counterclaim seeking a determination of the rights of the parties and relief for wrongful replevin and unjust enrichment. Charter and International stipulated that Inkas was unable to pay either of them.

Rule of Law

Issue

Holding and Reasoning (Shapiro, J.)

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