Commercial Credit Corp. v. Kemp

The opinion of the court was delivered by

Smith, J.:

This was a replevin action for an automobile. The appeal is from an order of the trial court sustaining defendant Kemp’s demurrer to plaintiff’s petition.

The petition after identifying the parties alleged plaintiff was the special owner and entitled to the possession of a Ford automobile by virtue of a chattel mortgage executed by its purchaser, one Neymanowski, on February 28, 1950, to Albert F. Steiner, of Detroit, Mich., assigned to plaintiff by Steiner on March 2, 1950, at Detroit; that plaintiff was and at all times had been the owner of…