Security Credit Corp. v. Whiting Motor Co.

The opinion of the court was delivered by

Swayze, J.

This is an action of replevin for a Mercer four-passenger automobile. The plaintiff avers title and *46right of possession in itself and a wrongful detention by the defendant. The defendant denied the title and right of possession of the plaintiff and averred that the title and right of possession was in the defendant; and the plaintiff joined issue. In this situation it was for the plaintiff to prove its title and right of possession. Hunt v. Chambers, 21 N. J. L. 620; Chambers v. Hunt, 22 Id. 552.

To sustain this burden the plaintiff offered a…