Deferred Payment Plan, Inc. v. Bennett

The appellant brought this action to replevy three automobiles, a Ford, a Buick and a Hupmobile. The cause was tried before the court without a jury, resulting in a judgment dismissing the complaint and awarding the cars to the respondent, who was a dealer in used cars in the city of Ithaca, trading under the name of Economy Motors. The claim of the appellant was founded upon chattel mortgages given to it by a used car dealer, Sparrowk, also doing business in Ithaca under the name of Ithaca Used Car Exchange. At times, respondent placed automobiles temporarily in the possession of Sparrowk…