IND. BANK OF COMMERCE v. PACKARD YONKERS CORP.


279 A.D. 125 (1951)

Industrial Bank of Commerce, Appellant, v. Packard Yonkers Corp., Respondent, et al., Defendants

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

November 27, 1951.


Attorney(s) appearing for the Case

Henry W. Parker of counsel (John J. Dwyer, attorney), for appellant.

Max Klein of counsel (Klein & Klein, attorneys), for respondent.

PECK, P. J., GLENNON, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

No question has been raised that respondent purchased this automobile for a valuable consideration, and without actual notice that it was subject to a contract of conditional sale which had been assigned to appellant by a previous vendor. Appellant relies entirely upon the protection afforded by sections 64 and 65 of the Personal Property Law. The latter section provides that every provision in a conditional...

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