Hackensack Trust Co., NA v. Alvarez

330 A.2d 359, 66 N.J. 275, 16 U.C.C. Rep. Serv. (West) 532, 1974 N.J. LEXIS 157

• Court: Supreme Court of New Jersey
• Decided: December 18, 1974
• Status: Published

Opinion

Per Curiam.

Certification was granted by this Court, 65 N. J. 576 (1974), to review appellants’ pro se contention of an injustice in the entry of judgment in favor of plaintiff-bank and against appellants for $2816.30 and interest. The judgment wasl bottomed on appellants’ refusal to deliver possession of a motor vehicle to plaintiff-bank upon demand made.

We conclude, as did the trial court and the Appellate Division, that the bank’s perfected security interest in an automobile, purchase of which it had financed, was superior to appellants’ claim of a lien based on subsequent repairs made to the car and that upon default in the finance payments, the bank was entitled to possession of the vehicle as against appellants who had insisted on payment of their repair bill as a condition to releasing the car to the bank. See, Ferrante v. Foley, 49 N. J. 432, 438 (1967).

The damages awarded the bank, representing the then market value of the car, less credits, are supported by credible evidence. It was undisputed that the condition of the vehicle while in appellants’ possession deteriorated to a point where it had only nominal value.

Affirmed.

For affirmance — Chief Justice Hughes, Justices Jacobs, Mountain, Sullivan and Clifford, and Judge Confoed — 6.

For reversal — None.