Dealer Plan Corp. v. Automotive Wholesalers, Inc.

The plaintiff, as assignee of a conditional sales contract for the sale of an automobile, claiming a default, sues to recover possession of the automobile. Prior to default the conditional vendee, who was also the registered owner of the car, had it repaired at the automobile repair shop of one Marcus, and paid only part of the repair bill. Thereafter Marcus, who claimed a lien for the balance of his repair bill, by formal instrument, assigned his lien to the defendant and at the same time transferred possession of the automobile to the defendant; this assignment and transfer of possession…