New York Court of Appeals

George Baker, Appellant v. Henry Hull, Respondents

April 16, 1929250 N.Y. 484

Summary

The New York Court of Appeals reversed the dismissal of the plaintiff's replevin action, holding that a conditional sale reservation of title remains effective against a creditor who levies after an execution when the contract (or its copy) has been filed before the levy. The Court also rejected the argument that the Civil Practice Act creates a lien at the moment an execution is delivered.