Hillelson v. Old Reliable Motor Truck Corp.

Headnote

Contract — sale — sale of truck under contract of conditional sale — Seizure and resale by vendor — when purchaser may recover payments made under contract.

Hillelson v. Old Reliable Motor Truck Corporation, 208 App. Div. 327 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 29, 1924, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The plaintiff purchased a truck from the defendant under a contract of conditional sale whereby the purchase price of $2,477.50 was to be paid in certain installments. After the plaintiff had paid $1,172 on account of said purchase price, the truck was taken from his possession by a city marshal by levy under an execution issued in an action against plaintiff. The defendant recovered the truck from the marshal and sold the same after more than sixty days thereafter had expired, in violation of the provisions of the Personal Property Law (§§ 65, 66). The plaintiff thereupon brought this action to recover the payments made by him under the contract of conditional sale.