Kuhn v. Gottfried

WHITE, P. J.—

Plaintiffs herein sought the cancellation of a $5,000 promissory note secured by a chattel mortgage given as payment for the purchase price of defendant’s medical practice. Defendant cross-complained for collection of the note, foreclosure of the chattel mortgage and for reimbursement for expenditures allegedly made on plaintiffs’ behalf. Because Mrs. Kuhn participated in only a minor way in the transaction, reference hereafter to “plaintiff” or “respondent” should be understood to mean plaintiff and respondent Dr. Orta E. Kuhn. The case was tried before the court without a jury,…