Hartley v. Hollman

FITZGERALD, Judge.

Plaintiff, who is the appellant here, brought his claim to obtain judgment on a promissory note. The appellee contends the appellant at an earlier date had retaken possession of a motor vehicle sold on a conditional sales contract and by doing so made an election which now bars a recovery on the note. Trial was before a magistrate who made his findings on which judgment was entered for the appellee. An appeal was taken to the Superior Court which heard the case on the record made by the magistrate. 1 The Superior Court adopted the magistrate’s findings and affirmed the…