Home > Journals > Michigan Law Review > MLR > Volume 41 > Issue 3 (1942)
The most perplexing problem in the field of installment contracts probably occurs when property sold by a title-retaining instrument (conditional sale, chattel mortgage, or bailment lease) in one state is removed to another state where rights of creditors of, or purchasers from, the buyer attach. Inasmuch as the possession of the article has been permitted to be in the buyer, so that outwardly, and with nothing more, he is the apparent owner, the important question arises as to whose rights are higher, the secret owner (the conditional seller, the chattel mortgagee, or the bailor) or the creditor of, or purchaser from, the installment buyer? The answer depends, of course, upon which law governs the validity and construction of the transaction between the states involved, regard being given to the statutes, decisions, and public policy of each.
Robert E. Lee,
CONFLICT OF LAWS RELATING TO INSTALLMENT SALES,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol41/iss3/5