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GEN. MOTORS ACCEPTANCE CORP. v. COMBS

33 Misc.2d 659 (1961)

General Motors Acceptance Corporation, Plaintiff, v. Jesse P. Combs, as Sheriff of the County of Nassau, Respondent, and National Surety Company, Appellant.

Supreme Court, Appellate Term, Second Department.

December 20, 1961

Attorney(s) appearing for the Case

George A. Brooks for plaintiff. Irving G. Schleimer for appellant. J. Oakey McKnight, County Attorney (John D. Caemmerer of counsel), for respondent.

HART and BENJAMIN, JJ., concur; DI GIOVANNA, J., dissents in opinion.

Per Curiam.

Plaintiff sues the Sheriff for conversion based on the latter's sale of an automobile under three executions, after plaintiff had notified him of its rights under an existing conditional sales contract. The Sheriff in his discretion need not have sold the chattel and could have delivered it to the claimant unless indemnity was supplied. (Civ. Prac. Act, § 696.) The terms of the bond furnished by National Surety Corporation provided that the...

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