B & G Budget Plan of Portland, Oregon v. James R. Young, Trustee in Bankruptcy for Leo J. Foy, Whose Wife is Janet C. (Caroline) Foy

This is a review of an order in bankruptcy wherein a contract of conditional sale was declared null and void as to the bankruptcy trustee, appellee herein, because the conditional vendor’s assignee, appellant herein, had failed to file in Washington any document pertaining to the contract in accordance with the law of the state of Washington, after the subject matter of the contract had been removed to Washington. We affirm.

On August 2, 1963, in Portland, Oregon, Braley and Graham sold to one Leo J. Foy a 1963 Buick automobile on a retail installment contract. Subsequently, Braley and Graham assigned their interest in the contract to B & G Budget Plan of Portland. The contract was validly recorded in Oregon.

At the time of sale, the bankrupt, Foy, was a resident of Portland. The car was registered in Oregon, and bankrupt made periodic payments from his Oregon address. Then, in July, 1964, bankrupt moved with all his family and posses sions, including the automobile, to Auburn, King County, Washington. Bankrupt obtained a house there, by signing a lease with option to purchase. The referee found as a fact that bankrupt resided there continuously from July, 1964, and, at all…