Foreign Cars of New Paltz, Inc. v. Hennessy

Defendant Dean P. Hennessy purchased a 1976 BMW automobile from plaintiff which he financed by using a retail installment contract on which his mother, defendant Claudette H. Hennessy (hereinafter defendant), became a co-obligor. The contract was assigned to the First National Bank of Highland with full recourse. Upon Dean Hennessy’s default, the bank reassigned the contract to plaintiff, which discharged the obligation to the bank. This action to recover the balance due on the note was commenced, but Dean Hennessy, now residing in California, has not yet been served.1 In her answer,…