Ruppert v. Community National Bank

Plaintiff, a judgment creditor of the National Beverage Co. (hereinafter referred to as “debtor”) having levied upon the debtor’s personal property, brings this action to recover the proceeds of the sale of four automobiles sold by defendant pursuant to a chattel mortgage covering said property. Plaintiff bases its claim on the contention that the chattel mortgage was void as to it so that its levy, pursuant to its judgment recovered against the owners of the automobiles, gave it a right superior to that of defendant. Both parties moved for summary judgment, which motions were denied by…