CHURCHILL MOTORS v. LOHMAN, INC.


16 A.D.2d 560 (1962)

Churchill Motors, Inc., Respondent, v. A. C. Lohman, Inc., Appellant

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

June 27, 1962.


Attorney(s) appearing for the Case

Oviatt, Gilman, O'Brien, Forman & Clarke (Percival D. Oviatt, Jr., of counsel), for appellant.

Chamberlain, D'Amanda, Bauman & Brundage (Arthur VD. Chamberlain of counsel), for respondent.

WILLIAMS, P. J., BASTOW, McCLUSKY and HENRY, JJ., concur.


HALPERN, J.

This case presents the question of the right of the conditional vendor of an automobile, whose security interest therein had been perfected in accordance with the law of the State in which the automobile had been sold, to enforce the contract and to retake the automobile upon default, where the vendee, without the vendor's knowledge or consent, had taken the automobile to another State and sold it...

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