General Motors Acceptance Corp. v. Combs

Appellate Terms of the Supreme Court of New York

General Motors Acceptance Corp. v. Combs

33 Misc. 2d 659, 223 N.Y.S.2d 289, 1961 N.Y. Misc. LEXIS 1872

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 20, 1961

StatusPublished

This text of 33 Misc. 2d 659 (General Motors Acceptance Corp. v. Combs) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

General Motors Acceptance Corp. v. Combs, 33 Misc. 2d 659, 223 N.Y.S.2d 289, 1961 N.Y. Misc. LEXIS 1872 (N.Y. Ct. App. 1961).

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Opinions

Per Curiam.

Plaintiff sues the Sheriff for conversion based on the latter’s sale of an automobile under three executions, after plaintiff had notified him of its rights under an existing conditional sales contract. The Sheriff in his discretion need not have sold the chattel and could have delivered it to the claimant unless indemnity was supplied. (Civ. Prac. Act, § 696.) The terms of the bond furnished by National Surety Corporation provided that the Sheriff would be held harmless against the [660]*660very liability now asserted. Such indemnity having in fact induced the sale, the order for substitution was proper (Civ. Prac. Act, §§ 698-699).

The order substituting National Surety Corporation as defendant instead of Jesse P. Combs, as Sheriff of the County of Nassau, State of New York, should be affirmed, with $10 costs.

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Per Curiam.

Plaintiff sues the Sheriff for conversion based on the latter’s sale of an automobile under three executions, after plaintiff had notified him of its rights under an existing conditional sales contract. The Sheriff in his discretion need not have sold the chattel and could have delivered it to the claimant unless indemnity was supplied. (Civ. Prac. Act, § 696.) The terms of the bond furnished by National Surety Corporation provided that the Sheriff would be held harmless against the [660]*660very liability now asserted. Such indemnity having in fact induced the sale, the order for substitution was proper (Civ. Prac. Act, §§ 698-699).

The order substituting National Surety Corporation as defendant instead of Jesse P. Combs, as Sheriff of the County of Nassau, State of New York, should be affirmed, with $10 costs.

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Bluebook (online)

33 Misc. 2d 659, 223 N.Y.S.2d 289, 1961 N.Y. Misc. LEXIS 1872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-motors-acceptance-corp-v-combs-nyappterm-1961.

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