Kohler v. Harlow

The opinion of the court was delivered by

Harvey, J.:

This is an action in replevin by a mortgagee of furniture and fixtures of a restaurant. It was tried to the court, who made findings of fact and conclusions of law and rendered judgment for plaintiff. Defendants have appealed.

Paul Perry owned and operated the restaurant. Some of the furniture and fixtures had been purchased on the part-payment plan, the vendors taking a title note or chattel mortgage to secure a part of the purchase price. On June 30, 1923, he executed a note to H. Cullen for $220, due in thirty days, and secured the same by…