Jester v. Naples
Supreme Court of Connecticut
Action of replevin for an automobile, brought to the City Court of New Britain and thence, by appeal of the plaintiff, to the Court of Common Pleas in Hartford County and tried to the court, Smith, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. Jester delivered an automobile to one Calabretta in August, 1917, under a writing which purported to be á conditional contract of sale, but was neither acknowledged nor recorded.
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Action of replevin for an automobile, brought to the City Court of New Britain and thence, by appeal of the plaintiff, to the Court of Common Pleas in Hartford County and tried to the court, Smith, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. Jester delivered an automobile to one Calabretta in August, 1917, under a writing which purported to be á conditional contract of sale, but was neither acknowledged nor recorded. Calabretta was at that time indebted to Naples, who in the following October sued him for the debt and attached the automobile. Naples…
1Opinion of the CourtCase, J.
Save as to one unimportant fact without effect upon the result, the evidence warrants the finding, which must stand as made.
While the failure to acknowledge and record the paper under which the automobile was first delivered to Calabretta did not impair the full force of its conditions as between himself and Jester, this brought it within the control of § 4746 of the General Statutes, and made the property liable to seizure for Calabretta’s debts. So long as it remained under attachment in the first action brought by Naples, Jester’s rights were wholly postponed to those of the creditor, but…
2Cases cited2 opinions
- American Clay MacHinery Co. v. New England Brick Co.Supreme Court of Connecticut · 1913
- Camp v. Charles Thatcher Co.Supreme Court of Connecticut · 1902
3Cited by8 opinions
- In re SternbergDistrict Court, D. Connecticut · 1924
- In re Guild, Bloomfield & Jensen, Inc.District Court, D. Connecticut · 1931
- Colonial Acceptance Corporation v. MessickSupreme Court of Connecticut · 1935
- B. C. S. Corp. v. AbbottConnecticut Superior Court · 1941
- Bohmann v. PerrettSupreme Court of Connecticut · 1922
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