Scotti v. Maysles

CHARLES CARROLL, Chief Judge.

The appellant was the defendant below in a suit for foreclosure of a recorded chattel mortgage on the equipment of a restaurant business. The appeal is from a summary final decree of foreclosure, entered in favor of the plaintiff.

Answering the complaint the defendant pleaded estoppel, averring that the plaintiff mortgagee, present at the negotiations for the sale of the business to defendant, represented that he had no interest in the restaurant; that at the time the sale was made and the purchase price was agreed upon in the plaintiff’s presence, he fraudulently…