Bank of Williamsville v. Amherst Motor Sales, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTaylor, J.
Two questions arise on this appeal: (1) Has plaintiff elected a remedy by entering a default judgment? (2) Is this action for conversion barred by plaintiff’s failure to prove its claim in bankruptcy?
The complaint alleges an agreement between plaintiff and defendants which provided that the title to certain automobiles should remain vested in plaintiff until an indebtedness incurred by defendants in purchasing the cars should be paid; that in case of default in payment or of removal of a car from New York State without plaintiff’s consent, or in case a car should otherwise be Secretly…
2Cases cited8 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Crawford v. BurkeSupreme Court of the United States · 1904
- Wood v. . FiskNew York Court of Appeals · 1915
- Decker v. . MathewsNew York Court of Appeals · 1855
- Meyer v. PriceNew York Court of Appeals · 1929
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Greenfield v. TuccilloCourt of Appeals for the Second Circuit · 1942
- Peerson v. MitchellSupreme Court of Oklahoma · 1950
- Belsey v. DeverauxNew York Supreme Court · 1934
- Yackel v. NysAppellate Division of the Supreme Court of the State of New York · 1939
- Humphreys v. HellerNew York Supreme Court · 1935
14 more not listed; retrieve them via the Exa API.