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MFRS. TRUST CO. v. STEHLE

1 A.D.2d 471 (1956)

Manufacturers Trust Company, Respondent, v. Fredrick Stehle et al., Individually and as Copartners Doing Business as Suydam Auto Body Works, Appellants

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

May 8, 1956.

Attorney(s) appearing for the Case

Irving G. Schleimer of counsel (Norman Weiner with him on the brief), for appellants.

William J. Granger of counsel (Simpson Thacher & Bartlett and Robert W. Bjork with him on the brief; Martin L. Stein, attorney), for respondent.

PECK, P. J., BREITEL, BOTEIN and FRANK, JJ., concur.

BERGAN, J.

In 1953, Herman Cohen bought a 1950 Buick automobile with money borrowed from plaintiff bank. He executed a chattel mortgage on the vehicle to secure the loan on October 5, 1953, payable in installments. The mortgage by its terms provided that the transfer of title from the mortgagor to mortgagee set up in the instrument would be void if the mortgagor paid the installments thereby undertaken, beginning...

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