Legal Opinion
Motor Discount Corp. v. Scappy & Peck Auto Body, Inc.
New York Court of Appeals
Decided February 21, 1963PublishedCited by 7 opinions
1Opinion of the Court
Chief Judge Desmond.
After a trial of this suit for conversion plaintiff was awarded money damages against defendant, a repairer of automobiles. The theory of suit and recovery was that defendant, when it sold a certain automobile at auction to satisfy its lien thereon for an unpaid repair bill, acted unlawfully and to plaintiff’s damage since the automobile was 1 ‘ owned ’ ’ by plaintiff which had not ordered or authorized the repairs.
One Caggiano had in June, 1957 bought the car new from Jericho Motors, Inc., and by signing a conditional sale contract in the usual form had agreed to pay the…
2Cases cited7 opinions
- Mortgage Securities Co. v. PfaffmannCalifornia Supreme Court · 1917
- Jesse A. Smith Auto Co. v. KaestnerWisconsin Supreme Court · 1916
- Bankers Commercial Corp. v. MittlemanNew York Supreme Court · 1960
- Courtlandt Garage & Realty Corp. v. New York Yellow Cab Co. Sales Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- Commercial Credit Corp. v. MoskowitzCity of New York Municipal Court · 1932
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- National Union Fire Insurance Co. of Pittsburgh v. Eland Motor Car Co.New York Court of Appeals · 1995
- Matter of Manufacturers & Traders Trust Co. v. J.D. Mar. Serv.Appellate Division of the Supreme Court of the State of New York · 2020
- United States of America Ex Rel. Edward Allen v. Hon. J. Edwin Lavallee, Warden, Auburn State PrisonCourt of Appeals for the Second Circuit · 1969
- People v. AyalaNew York Supreme Court · 1990
- Pompey v. PrynerIndiana Court of Appeals · 1996
2 more not listed; retrieve them via the Exa API.