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Pavlick v. Reginald Oliver Co.

Decided: January 31, 1930.

PETER PAVLICK, APPELLANT,
v.
REGINALD OLIVER COMPANY, INCORPORATED, ET AL., RESPONDENTS



On appeal from the Second Judicial District Court of Bergen county.

For the appellant, Irving S. Zacharewitz and Elmer Friedbauer.

For the respondents, Richard M. Glassner and Hugo Woerner.

Before Justices Parker, Black and Bodine.

Black

The opinion of the court was delivered by

BLACK, J. This is a replevin suit brought in the Second Judicial District of Bergen county. It was to recover the possession of one (1) 1927 Dodge roadster automobile, model No. 4.

The case was tried by the court without a jury, resulting in a judgment as follows: "Plaintiff nonsuited as to Reginald Oliver Co., Inc., and judgment for possession for defendant, Manufacturers Finance Corporation."

The plaintiff-appellant files two grounds as specification of determinations with which he is dissatisfied in point of law, viz.:

1. Error by the court in granting a nonsuit against the plaintiff.

2. Error by the court in rendering a verdict of possession in favor of the defendant the Manufacturers Finance Corporation.

The suit grows out of a conditional sales contract dated June 30th, 1928 (Exhibit D -2), which was filed in the register's office of Passaic county July 19th, 1928, but not properly indexed.

The conditional vendee was a man named John Clancy, Jr., endorsed Anne F. Wall. He was the judgment debtor through whom the plaintiff took title under an execution at a judicial sale.

The pertinent parts of the conditional sales contract are as follows: "I or we, the undersigned purchaser, do hereby acknowledge having this day received from you [ i.e., 'Reginald Oliver Co. Inc., the seller and one of the defendants] the following motor vehicle,' &c. Signed John Clancy, Jr. Endorsed by X ...


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