Sharp v. Henry

JACKSON, Justice.

This action was brought by plaintiff, C. J. Sharp, doing business as Sharp Finance Company, to recover judgment on the unpaid balance of a promissory note against defendants, Harold Henry and Mrs. John Smaligo. From a verdict and judgment for defendants, plaintiff appeals.

The note sued on had originally been secured by chattel mortgage on an automobile belonging to defendant Henry. Plaintiff had obtained possession of the mortgaged automobile and sold the same by advertisement, crediting the net sale price on the note.

Defendants’ answer to plaintiff’s petition admitted the…