C. I. T. Corp. v. Miklow Realty Corp.

Plaintiff has brought this action against an execution judgment creditor and a city marshal for their conversion of a Chevrolet sedan automobile through their levy and sale thereof.

The car was purchased by one Cofield from Warren Nash Motor Corporation on May 23, 1934, under and pursuant to a conditional sale contract, which was assigned by the automobile dealer to the plaintiff. The contract was properly filed on July 6, 1934.

In September, 1934, the defendant Miklow Realty Corporation, executing upon a judgment obtained by it against Cofield, by the defendant marshal, levied upon the…