Cucco v. Pacific Finance Corp.

In an action in replevin to recover possession of an automobile seized by defendant, order of the Appellate Term, affirming judgment of the Municipal Court, Borough of Richmond, Second District, in favor of plaintiff, unanimously affirmed, with costs. The plaintiff and her husband borrowed $200 from one Rosenfeld and as security delivered a chattel mortgage upon their Plymouth automobile. Defendant is the assignee of the mortgage. The mortgagors received only $151 of the loan, and defendant claims that the balance of $49 was deducted by the mortgagee for the assumption by the mortgagee of the…