Is a failure to demand a car or to tender the amount of reasonable storage charges make any difference?
MultiRegion, United States of America
The following excerpt is from Hernandez v. European Auto Collision, Inc., 487 F.2d 378 (2nd Cir. 1973):
Primarily, I do not see why the failure to demand the car or to tender the amount of reasonable storage charges should make any difference. In the first place, appellant should not be penalized for neglecting to do what certainly would have been a futile act.
[487 F.2d 387]
And second, had the car been returned to appellant pending his constitutional challenge to the detainer provision, his action then would have been subject to the same mootness objection that we sustained in Kerrigan v. Boucher, 450 F.2d 487 (2 Cir. 1971).[487 F.2d 387]
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