Loan Service Corp. v. Bender Ford Sales, Inc.

Order of Onondaga County Court and judgment of Syracuse Municipal Court unanimously reversed on the law and facts and a new trial granted in the Syracuse Municipal Court, with costs in all courts to abide the event. Memorandum: The triers of the facts could have found from the proof upon the trial that defendant sold a used truck to one Martin. The latter applied to plaintiff for a $400 loan to finance the purchase price. An employee of plaintiff telephoned an employee of defendant and requested information to use in preparing a chattel mortgage. The hitter stated the vehicle was a 3952 model…