Harvey v. Anacone

Trover. On exceptions to the acceptance of a Referee’s report.

The facts are not in dispute.

On May 14, 1932, the defendant sold and delivered a Buick sedan to the plaintiff, for which he received a Holmes note (duly recorded) for $600.00, payable in four months. It contained the usual provision of retention of title in the seller until payment.

The plaintiff continued in possession until lawful recaption by the defendant, following non-payment o'f the note at maturity. The defendant did not foreclose as by statute he might have done but on December 14, 1932, sold the sedan to a third party,…