Weldgrube v. Kerns

The opinion of the court was delivered by

West, J.:

The plaintiff foreclosed a chattel mortgage, and the defendants Nichols and Spiwak appeal and insist that there was no default, and that the suit was prematurely brought. Another matter involved is the question of the plaintiff’s deeming himself insecure.

*429The petition alleged that the defendant, Kerns, gave the plaintiff a note for $3,500 secured 'by chattel mortgage on the Edwardsville Telephone Exchange. The note was dated February 19, 1919, payable on or before one year after date. The mortgage provided, among other things, that if default…