Tucker v. Werner

The action is replevin and the facts are agreed upon. Plaintiff held a chattel mortgage upon a buggy, and other property previously owned by one Morgenstern, executed by him as collateral security for the payment, thirty days after date, of a certain promissory note, indorsed by plaintiff for Morgenstern and held by the Bank of Buffalo, and as continuing security for any renewals of the same, or for other indorsements of Morgenstern’s paper in an amount not to exceed in all the sum of $284. The mortgage was duly tiled, and subsequently renewed as required by law. The possession and use of the…