East Providence Credit Union v. Geremia

This is a civil action to collect from the defendants the balance due on a promissory note. The defendants filed a counterclaim. The case was heard by a justice of the superior court. He dismissed the plaintiff’s complaint and found for the defendants on their counterclaim. The case is before us on the plaintiff’s appeal.

On December 5, 1963, defendants, who are husband and wife, borrowed $2,350.28 from plaintiff for which they gave their promissory note. The payment of the note was secured by a chattel mortgage on defendants’ 1962 ranch wagon. The mortgage contained a clause which obligated…