Plaintiff bought fourteen cabs from defendant on a conditional sate contract, and after paying more than fifty per cent of the purchase price defaulted in his payments. Defendant then retook possession of the cabs and undertook to foreclose plaintiff's interest therein by a resale at public auction, as required by the Uniform Conditional Sales Act, in force in the jurisdiction. The specific requirements of the Act relative to notice of the sale were complied with, but the notices did not state where the cabs were being kept, and at the time of the sale they were in a garage miles away. Plaintiff sued for the statutory penalty on the ground that the provisions of the Act regarding a resale had not been complied with. Held, that since the cabs were not at hand and within the view of those attending the sale, and no opportunity had been given to inspect them, the sale was not a public auction and plaintiff was entitled to the statutory penalty. Manhattan Taxi Service Corporation v. Checker Cab Manufacturing Corporation (N. Y. 1930) 171 N.E. 705.