Carroll v. Godding

'Opinion by

Kenworthby, J.,

In 1937 plaintiff sold a Dodge truck to Walker in Elmira, New York, under a conditional sales contract. In the latter part of November 1937 the truck was brought to Springfield Township, Erie County, where Walker used it in his business until January 26, 1938, when it was attached by one of his creditors who had no knowledge of the contract. Defendant is the purchaser from the attaching creditor.

The record is silent as to whether the agreement was properly recorded in accordance with the requirements of 'Section 66 of the New York Conditional Sales Act, 40 McKinney’s…