General Motors Acceptance Corp. v. Fowler

The Smith Motor Company sold' and delivered in the state of Pennsylvania to H. R. Thayer an Oldsmobile coach. Thayer executed a conditional sales contract to secure payment of a balance due upon the purchase price of the car. This contract under the law of Texas is regarded as a chattel mortgage.' Article 5489, R. S. It was duly recorded in Pennsylvania, but not in Texas.

The Smith Motor Company assigned the contract to plaintiff in error. Thayer removed the car to Texas without the knowledge of plaintiff in error, and sold the car to the defendant in error, Fowler.

This suit was brought by…