Judgment and order reversed on the law, with costs, and plaintiff's motion for summary judgment granted, with costs.
Memorandum:
Defendant sold a truck to one Coles under an unrecorded conditional sales contract. While Coles was in possession of the truck and was the apparent owner thereof, he borrowed money from the plaintiff. In default and threatened with legal action, Coles subsequently mortgaged the truck to plaintiff as security for the antecedent debt...
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