Van Almkerk v. H. C. S. Motor Sales Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, National Surety Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on or about the 19th day of December, 1922, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Sears, J.:
The facts, so far as material upon this appeal, are as follows: Plaintiff was the owner of an automobile which he had purchased *465from the Consolidated Finance Company about May 9, 1921. At the time of the purchase he gave notes and a chattel mortgage to secure to that company a large part of the purchase price. The plaintiff took this car to the garage of W. Arthur Lane where he had some work done upon it and where it was stored. While the automobile was at the garage on the 27th of October, 1921, the First Mortgage Bond Corporation of America brought an action against the present…
2Cases cited2 opinions
- Christiansen v. MendhamAppellate Division of the Supreme Court of the State of New York · 1899
- Harrison v. . WilkinNew York Court of Appeals · 1879