SHERIDAN SUZUKI, INC. V. CARUSO AUTO SALES
110 Misc.2d 823, 442 N.Y.S.2d 957 (1981)
NATURE OF THE CASE: This was an action to recover an article of property. On motion for
summary judgment.
FACTS: Suzuki (P) sold a motorcycle to Bouton, who gave P a check for the purchase price.
In return, P gave Bouton possession of the motorcycle, a signed bill of sale marked 'paid in
full', and registration of the motorcycle. P applied for a Certificate of Title in Bouton's
name. The next day, Bouton sold the motorcycle to Caruso (D) at a significant discount: he
gave D possession, signed over the registration, and promised that he would transfer the
Certificate of Title as soon as he received it. D called P to confirm that Bouton had
purchased the motorcycle from them. P confirmed the purchase. After the sale to D was
completed, Bouton's check to P was dishonored. P stopped processing of the Certificate of
Title. Bouton disappeared from the area. P sued to recover the motorcycle from D.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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