Atlas Automobile Finance Corp. v. Greenberg

WiNNET, J.,

This is an action in replevin to recover possession of a Ford truck which plaintiff claims under a bailment lease assigned to it by Mid-City Motor Sales Inc. in which Herbert Greenberg, defendant, is the lessee. The writ was served on defendant and on the garage owner where the truck was stored, and on October 28, 1937, no counter-bond having been filed, it was delivered by the sheriff to plaintiff. Subsequently, Universal Credit Company allegedly in possession of the truck intervened as a party defendant and claimed its title and right to possession.

The truck involved was sold by…