GEN. MOTORS ACCEPTANCE CORP. v. CAPITOL FORD-MERCURY, INC.


38 A.D.2d 984 (1972)

General Motors Acceptance Corporation, Respondent, v. Capitol Ford-Mercury, Inc., Appellant

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

March 1, 1972


This is an action in replevin to recover a 1970 GMAC ½-ton truck purchased by appellant, a dealer in new and used cars, from one McEachron on October 15, 1970. Respondent had previously financed McEachron's purchase of the truck and filed a financing statement pursuant to section 9-402 of the Uniform Commercial Code. From an examination of the papers submitted it appears that there is a question of fact as to whether McEachron...

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