Atlas Securities Co. v. Copeland

*394The opinion of the court was delivered by

Hopkins, J.:

The action was one in replevin by a chattel mort- ' gagee to recover possession of an automobile. The defense was that the chattel mortgage was tainted with usury and therefore void. Plaintiff prevailed and defendant appeals.

Defendant purchased a Stutz car from the Hathaway Motor Company in Kansas City, Mo., June 16,1922. A contract was executed, reading in part:

“First party guarantees its new cars as per printed guarantee in regular factory catalogue. Second party hereby orders from first party the articles enumerated below at the prices…