Universal C. I. T. Credit Corp. v. Owens

Mastín Schenck, J.

The plaintiff some time ago entered a judgment by default against the defendant. The action was based upon an alleged deficiency arising from a private sale of an automobile, which the plaintiff had repossessed following default by the defendant in keeping up installment payments. The plaintiff is assignee of the conditional seller of the automobile.

It appears that the defendant advised an employee of the plaintiff, at the latter’s place of business, that he could not maintain his payments and voluntarily surrendered possession of the automobile in question. Thereupon the…