ORANGE COUNTY TRUST CO. v. MERCHS. ACCEPTANCE CORP.


279 A.D. 689 (1951)

Orange County Trust Company, Plaintiff, v. Merchants Acceptance Corporation, Respondent, and Middletown Auto Distributors, Inc., Defendant and Third-Party Plaintiff. James H. Wilcox et al., Doing Business as Wilcox Used Cars, Third-Party Defendants-Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.


Appellants urge that the pleadings and affidavits indicate a triable issue of fact as to the residence of a purchaser of an automobile under a conditional sales contract. In this contract the purchaser gave his address at 110 Milton Street, Elmira, New York, and the same address on his car license registration. There is proof that he resided at other places during the period in question. We think the seller was entitled to rely on the purchaser's declaration as to his residence...

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