McDougall v. Shoemaker

Hinman, J.:

The action was commenced in the City Court of Elmira, N. Y., for the recovery of the moneys paid by the plaintiff upon a conditional sale contract for the sale of an automobile to the plaintiff by the defendant. The complaint alleged that the defendant retook the same from the plaintiff’s possession under and by virtue of said conditional sale agreement and that after retaking the same defendant did not, within the thirty days next after the expiration of the period of thirty days from the date of retaking, sell said automobile at public auction or give notice of any such sale to…