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BAY STATE NAT. BANK v. COLLINS

No. 4620.

101 N.H. 232 (1958)

BAY STATE MERCHANTS NATIONAL BANK v. WILLIAM F. COLLINS & a.

Supreme Court of New Hampshire

Decided February 19, 1958.

Attorney(s) appearing for the Case

John B. Ford (by brief and orally), for the plaintiff.

Leahy & Denault (Mr. Denault orally), for the defendant General Motors Acceptance Corporation.

The defendants William F. Collins and Roberts Motor Sales, Inc. entered no appearance.

BLANDIN, J.

We agree with the plaintiff's contention that "the entire case turns" on whether at the time the defendant General Motors Acceptance Corporation repossessed the automobile on October 19, 1954, its conditional sales agreement of January 19, 1954, took precedence over the plaintiff's mortgage executed on August 2, 1954. The plaintiff bases its claim that its chattel mortgage takes precedence over the defendant's prior conditional sales agreement on the ground...

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