Continental Supermarket Food Service, Inc. v. Soboski

Opinion by

Spaulding, J.,

On October 3, 1962, defendants entered into an agreement with Continental Supermarket Pood Service, Inc., for the purchase of a food freezer plan. They executed two judgment notes and a security agreement. On October 15, 1962, judgment was entered on one note in the amount of $1747.20 and it was assigned of record on January 9, 1963 to Commercial Banking Corporation, use-plaintiff. In the interim, defendants made one payment of $91.00 to Continental. Subsequently, Continental went out of business.

Execution was issued by the use-plaintiff and the court granted…