International Harvester Co. of America v. Carey

Plaintiff moves for a summary judgment in three actions, the essential facts in which are the same and which are not in dispute. Defendants, by cross-motions, apply for summary judgment dismissing the complaints. The determination of the respective motions require a construction of sections 78 and 79 of the Personal Property Law.

On February 26, 1935, the International Harvester Company of America, acting upon the default of the terms of conditional contracts of sale to the defendants, repossessed certain trucks referred to in the pleadings. Eight days later, on March 6, 1935, the seller…