BANK OF N. AMERICA v. BANK OF NUTLEY


94 N.J. Super. 220 (1967)

227 A.2d 535

BANK OF NORTH AMERICA, A CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF, v. BANK OF NUTLEY, A BANKING CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 3, 1967.


Attorney(s) appearing for the Case

Mr. Irving Morris, attorney for plaintiff.

Mr. Robert S. Fisher, attorney for defendant.


MEHLER, J.S.C.

These are cross-motions for summary judgment by two holders of security interests in an automobile, each claiming priority.

On December 3, 1964 Joseph Kaplan, a New York City resident, purchased a car from Lee Motors (Lee). To secure part of the purchase price, the parties executed a retail installment security agreement which gave Lee a security interest in the car. Lee assigned the agreement to defendant which, on March 24, 1965, filed a copy...

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