MOTOR DISC. CORP. v. SCAPPY & PECK


12 N.Y.2d 227 (1963)

Motor Discount Corporation, Respondent, v. Scappy & Peck Auto Body, Inc., Appellant.

Court of Appeals of the State of New York.

Decided February 21, 1963.


Attorney(s) appearing for the Case

Landon R. Zuckerman and Herbert A. Sulsky for appellant.

Samuel Witte for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.


Chief Judge DESMOND.

After a trial of this suit for conversion plaintiff was awarded money damages against defendant, a repairer of automobiles. The theory of suit and recovery was that defendant, when it sold a certain automobile at auction to satisfy its lien thereon for an unpaid repair bill, acted unlawfully and to plaintiff's damage since the automobile was "owned" by plaintiff which had not ordered or authorized...

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