Motors Securities Co. v. Smith

HARDY, Judge.

This is an action on a note secured by chattel mortgage on. a 1946 Plymouth automobile in which plaintiff claims a balance of $170 with interest, attorney’s fees, etc., against the defendants, in solido. After trial there was judgment in favor of defendants rej ecting plaintiff’s demands, from which plaintiff has appealed.

The defense is based upon the contention that defendant surrendered the automobile in full settlement and satisfaction of the balance due on the note.

On or about July 11, 1953, the defendant, Jimmie Smith, purchased a 1946 Plymouth Fordor automobile from the…