Associates Discount Corp. v. Gillineau

This action of tort for negligently causing damage to an automobile, concerns the right of a conditional vendor to recover from a tortfeasor who has settled in full with the conditional vendee. The case was heard, together with a similar action against one Furbush, upon a statement of agreed facts amounting to a case stated.

The automobile was sold to one Zinner under a conditional sale agreement, of which the plaintiff is the vendor’s *491assignee. Before there was any default under the agreement the automobile was damaged on a public way due to the negligent operation of two other automobiles by…