Automobile Acceptance Corp. v. Universal C. I. T. Credit Corp.

Hammond, J.,'

filed the following dissenting opinion, in which Henderson, J., concurred.

To me the statute that deals with the recording of conditional sales contracts is not applicable, or certainly not controlling, in this case for two simple and fundamental reasons.

First, the statute’s design is to protect only those of the classes of third persons expressly therein designated who may subsequently deal with the chattel sold in reliance on the possession of the buyer, without notice that it has not been paid for, and who would be hurt save for the statute. Automobile Acceptance, the second…