National Bank v. Bergeron Cadillac, Inc.

Mr. PRESIDING JUSTICE TRAPP

delivered the opinion of the court:

In February, 1973, the plaintiff bank became a creditor of one Schmidt with its security interest in one Cadillac automobile shown on the certificate of title issued by the Secretary of State.1 In August, 1973, Schmidt took the Cadillac to defendant, who made repairs which totaled some $2000 for services and material.

In September, 1973, the Schmidt loan became delinquent and in October plaintiff learned that the Cadillac was in the possession of the defendant.

When Schmidt failed to pay for the repairs, defendant made inquiry and…