Brosnan v. Benjamin

This is an appeal from an order and judgment of the Broome County Court reversing a judgment obtained by the plaintiffs in Binghamton City Court. The action was brought to recover upon a note for $244, which represented part payment upon the purchase price of a secondhand automobile pursuant to a conditional sales contract. The automobile was repossessed but was not resold according to the provisions of law relative to conditional sales as set forth in section 80-e of the Personal Property Law. Accordingly, the defendant Benjamin, the vendee under the sales contract, was discharged from…