Meyer v. Sherwood Automobile Corp.

123 Misc. 923 | N.Y. App. Term. | 1924

Per Curiam.

The chattel having been sold under the judgment in the replevin action without notice to the conditional vendee as prescribed in section 66 of the Personal Property Law (Laws of 1909, chap. 45), the vendor is liable in accordance with section 65 of that statute, and it was unnecessary to prove the vendee’s damages.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

All concur; present, Guy, Bijur and Mullan, JJ.