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CASCIONE v. ACME EQUIP. CORP.

23 A.D.2d 49 (1965)

Katherine Cascione, as Assignee of Ætna Casualty and Surety Company, Appellant, v. Acme Equipment Corp., Respondent

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

April 13, 1965.

Attorney(s) appearing for the Case

George J. Malinsky for appellant.

Edgar Hills of counsel (Cruser & Hills, attorneys), for respondent.

BOTEIN, P. J., RABIN, VALENTE, EAGER and BASTOW, JJ., concur.

Per Curiam.

A bulldozer-tractor purchased by defendant corporation was mortgaged on October 20, 1958 to Ætna Casualty & Surety Company to secure the sum of $10,000 owed to the latter company. Sometime prior to September, 1961 one Bielecki, a principal of defendant corporation, took possession of the equipment and used it for his own benefit. After protracted correspondence and negotiation an action was brought in April, 1962 to replevy the machine...

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