LUTES v. SHENK


285 A.D. 416 (1955)

William J. Lutes, Appellant, v. Sol A. Shenk, Doing Business as Shenco Sales Company, et al., Respondents, and Goal Credit Corporation, Third-Party Claimant-Respondent

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

February 15, 1955.


Attorney(s) appearing for the Case

Samuel Bierman for appellant.

Harry Fogler for respondents.

Joel Dolkart for third-party claimant-respondent.

COHN, J. P., CALLAHAN, BREITEL and BOTEIN, JJ., concur.


RABIN, J.

Plaintiff obtained a warrant of attachment and on October 28, 1953, had the Sheriff levy upon a shipment of automotive parts purchased abroad and claimed by the plaintiff to be owned by the defendants. The documents of title to the property were at first held by the bank which financed the purchase but prior to the levy the bank assigned them to respondent Goal Credit Corporation the latter having refinanced...

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