Moore v. Oneonta Motor Co.

Detinue by appellee against appellant for recovery of a Ford car.

Plaintiff sold the car in question to one E. R. Ellington and relies upon a mortgage executed by said Ellington, which was duly recorded. Defendant’s title is likewise through Ellington, who first sold the car to the Oneonta Chevrolet Company, the defendant purchasing from the latter.

It was defendant’s insistence that the Ellington mortgage was procured through the fraudulent representations of one Kelton, who consummated the sale for the plaintiff, to the effect that he was signing a mere transfer of a mortgage executed by one…