Appellate Division of the Supreme Court of New York, 1944

Jackson v. Westchester Auto Credit Corp.

Jackson v. Westchester Auto Credit Corp.
Appellate Division of the Supreme Court of New York · Decided March 17, 1944
267 A.D. 890; 47 N.Y.S.2d 591; 1944 N.Y. App. Div. LEXIS 5355
Jackson v. Westchester Auto Credit Corp.

Opinion of the Court

Judgment affirmed, with costs. No opinion. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Dore, J., dissents in the following memorandum: This was not a sale on credit but a sale of credit. The consideration charged for the credit extended was excessive under sections 352, 357 and 358 of the Banking Law, and therefore the conditional sales agreement was void. Accordingly, I dissent and vote to reverse and grant judgment for plaintiff.

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