Maestro Music, Inc. v. Rudolph Wurlitzer Company

The court below, in finding in favor of the plaintiff in this case, treated the situation as a simple matter of a holder in due course of a negotiable instrument bringing an action against an unconditional endorser thereon. The majority herein has arrived *237at the same result, on a somewhat conflicting assortment of grounds. Both courts have failed to recognize the true nature of the action as one by a conditional seller to recover a deficiency judgment upon conditional sales contracts.

The judgment of the trial court in this matter should be reversed, and judgment entered for the defendant, for…