National State Bank v. RAPP

The opinion of the court was delivered by

Schettino, J.

Early in 1962 Sonnert Developing Company (Sonnert) purchased a used bulldozer from Comad, Inc., pursuant to a conditional sales contract which was recorded in the Sussex County Clerk’s office pursuant to the Uniform Conditional Sales Law, L. 1919, c. 210, § 6, p. 462, as amended by L. 1936, c. 186, § 1, p. 444 (repealed 1961, effective January 1, 1963). Comad assigned the contract to plaintiff, National State Bank of Newark.

Sonnert defaulted in its payments to plaintiff. Plaintiff demanded possession of the vehicle, which was in the…