Commercial Credit Corp. v. Satterthwaite

The opinion of the court was delivered by

Parker, J.

This case raises the interesting question, somewhat novel in this state, whether the conditional vendor of a chattel pursuant to the Conditional Sales act (Pamph. L. 1919, p. 461), or the assignee of the seller’s interest under the contract, which amounts to the same thing, may recover after default against a third party for injury done to the chattel by the negligence of said third party before default, notwithstanding contributory negligence of the vendee.

The agreed state of the case shows that the plaintiff’s assignor, the Newark Flint…