Missouri Discount Corp. v. Mitchell

Plaintiff, as holder of a chattel mortgage given by Eby-Cheelc Motor & Realty Company on an “Essex Coach Automobile built in 1922, Chassis No. 513,783 Motor No. 95,960” on which default had been made, brought replevin to recover possession of same, it having been sold by the Eby-Cheek Motor Company to the defendant Fred Mitchell without mortgagee’s knowledge or consent. At the trial, suit was dismissed as to the Eby-Cheek Motor & Realty Company, the defendant Fred Mitchell being in possession of the car at the time of filing the suit and refusing to give it up on demand. The petition, in the…