General Motors Acceptance Corp. v. Henson

Lewis, Justice.

The defendant signed, as surety, a defendant’s redelivery bond in claim and delivery proceedings instituted by the plaintiff for the repossession of an automobile. Judgment was entered in that action in favor of the plaintiff and this action was then instituted against the defendant to recover, under the bond, damages allegedly sustained by reason of the depreciation in value of the automobile during the pendency of the claim and delivery action. Upon the trial of this case and at the conclusion of the testimony, the lower court held, upon proper motion, that the testimony…