Jassy v. Marciniak

Plaintiff sued defendant to recover judgment for the amount of deficiency arising from the failure of chattel mortgaged property to bring at foreclosure sale the amount of the chattel mortgage claim. The declaration also contained a count in tort, but the case was not presented to the trial court upon that theory, but upon the right to recover the amount due upon the promissory notes involved.

Defendant sold to one Krause certain personal property for $1,650, taking in part payment therefor a chattel mortgage to secure the payment of 50 promissory notes of $25 each. Defendant sold plaintiff…