First National Acceptance Corp. v. Annett

The opinion of the court was delivered by

Perskie, J.

The primary question involved in this cause is whether the assignee of a conditional vendor of an automobile may bring an action founded upon negligence against a third party to recover damages caused the automobile while it was in the possession of the conditional vendee who had not defaulted in the performance of his conditional sales contract. We resolve that question affirmatively.

The cause is before us upon an agreed state of facts. Suit was commenced against the driver and the owner of an automobile by plaintiff, the assignee of the…