Maloney Motor Car Co. v. Perrin

HIGGINS, Judge.

This is a proceeding by a chattel mortgage creditor to obtain a deficiency judgment against the mortgage debtor for the sum of $394.30, representing the balance alleged to ibe due, together with interest and attorney’s fees.

The defenses are: First, that there was an expressed or implied agreement for the cancellation of the debt, the creditor having accepted the mortgaged automobile as a consideration for the unpaid balance; second, that the plaintiff’s conduct in demanding the surrender of the car at a time when plaintiff was not entitled to the possession thereof led…