In re the General Assignment of Allom
Appellate Division of the Supreme Court of the State of New York
1DissentMartin, P. J.
A conditional sales vendor who rebakes property upon which the vendee has paid less than fifty per cent of the purchase price is under no duty to resell the goods unless requested to do so by the vendee within ten days after retaking. The repossessing vendor, however, may voluntarily resell. In the event of a voluntary resale the requirements of section 79 as to manner, place and notice of sale must be complied with. Section 80 fixes no time limit for a voluntary resale. Section 79 requires sale not more than thirty days after retaking. The Court of Appeals, in Interstate I. & P. Corp. v. U.…
Also in this document: Concurrence.
2Cases cited5 opinions
- Interstate Ice & Power Corp. v. United States Fire InsuranceNew York Court of Appeals · 1926
- Capitol District L. A. W. Corp. v. BlakeAlbany City Court · 1930
- Central Acceptance Corp. v. MasseyWest Virginia Supreme Court · 1929
- H. L. Braham & Co. v. ZittelAppellate Division of the Supreme Court of the State of New York · 1931
- Central Acceptance Corp. v. FryeWest Virginia Supreme Court · 1927