Commercial Credit Corp. v. Colando
| Decision Date | 10 October 1940 |
| Docket Number | No. 16.,16. |
| Citation | 15 A.2d 762,125 N.J.L. 285 |
| Parties | COMMERCIAL CREDIT CORPORATION v. COLANDO. |
| Court | New Jersey Supreme Court |
Syllabus by the Court.
A contract of conditional sale of a motor car was made in New York State, but not filed as required by the local statute, making the property liable to legal process at the suit of third parties against the purchaser in the absence of such filing. The car being temporarily in this State, but not "removed" into this State, was levied upon under a New Jersey judgment against the purchaser. Held, that in the circumstances, the conditional seller, or his assignee the plaintiff, was entitled to prevail as against the levy.
Appeal from Supreme Court.
Action in replevin by the Commercial Credit Corporation against Joseph Colando and others. Judgment for plaintiff, Commercial Credit Corporation v. Hild, 11 A.2d 428, 18 N.J.Misc. 72, and defendant Colando appeals.
Affirmed.
Martin J. Di Maria, of Lodi (James A. Major, of Hackensack, of counsel), for appellant.
H. Kermit Green, of Newark, for respondent.
The case was tried before a Circuit Court judge, sitting without a jury, on a stipulation of facts. It arises out of a contract of conditional sale of an article of personal property—in this case a motor car—made in New York State, but not filed in pursuance of the conditional sales statute of that State, Personal Property Law, Consol.Laws, c. 41, § 60 et seq. which, as to questions here involved, is substantially similar to our own act, P.L.1919, page 461, now N.J.S.A. 46:32-1 et seq. The motor car was brought into New Jersey, and was levied upon under a District Court judgment previously recovered by the appellant Colando against Merlo, the conditional vendee. The Commercial Credit Company, claiming under the conditional vendor by assignment, brought this action in replevin based on certain forfeiture provisions in the conditional contract of sale, and recovered the judgment of possession now under appeal.
The question is as to the effect to be given to the contract of conditional sale under the circumstances of the case.
If the car had been in New York and the levy made there, it is clear that the levy would be good as against the conditional vendor or his assignee, because of failure to file the contract or a copy thereof.
If the stipulation of facts showed that the car had been "removed" to a filing district in New Jersey, our statute would apply, and the levy would be subject to plaintiff's rights under the contract of conditional sale, because the stipulation shows that a copy of that contract was "filed in the filing district to which the goods were removed" within the statutory ten days after notice of removal into the district. P.L.1919, at page 466, Sec. 14, now N.J. S.A. 46:32-20.
But the stipulation does...
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Motor Credit Corp. v. Ray Guy's Trailer Court
...defendant's lien against the trailer is subject to the plaintiff's rights under the conditional sale contract. Commercial Credit Corp. v. Colando, 125 N.J.L. 285, 15 A.2d 762; Commercial Credit Co. v. Vineis,98 N.J.L. 376, 120 A. Judgment will be entered in favor of the plaintiff for the po......
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Jersey Security Co. v. Lottimer
...of third party claimants against its vendee. Commercial Credit Corp. v. Hild, 18 N.J.Misc. 72; 11 A.2d 428; affirmed, 125 N.J.L. 285; 15 A.2d 762, and cases cited therein. At common law was not necessary to record a conditional sales agreement. In order that the defendant can prevail, it is......
- Beninati v. Hinchliffe, 245.
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Jersey Sec. Co. v. Lottimer
...against its vendee. Commercial Credit Corporation v. Hild, 11 A.2d page 428, 18 N.J.Misc. 72, affirmed Commercial Credit Corporation v. Colando, 125 N.J.L. 285, 15 A.2d page 762, and cases cited therein. At common law it was not necessary to record a conditional sales In order that the defe......