SMITH v. PARR MOTOR SALES, INC.


279 A.D. 1118 (1952)

Chester E. Smith, Doing Business under the Name of Riverview Motors, Appellant, v. Parr Motor Sales, Inc., Respondent

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

May 7, 1952.


The action is in replevin for the recovery of an automobile which plaintiff sold and delivered to one Marsh who sold it to the defendant. The facts and circumstances concerning plaintiff's sale to Marsh were such as to have constituted it a contract of conditional sale, and the latter as conditional vendee was thereby clothed with power to transfer its title to the defendant, a bona fide purchaser for value without notice, actual or constructive, or knowledge of the conditional...

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