H. Kandel & Co. v. Leibovich

Smith, P. J.,

— On February 6, 1930, defendant leased a radio from the plaintiff. The lease provided for confession of judgment on default and right to repossess the radio. Defendant defaulted in his instalment payments and plaintiff entered judgment for amount unpaid. Thereafter plaintiff replevied the leased radio and, a counter-bond being filed, defendant repossessed himself of the radio. Plaintiff filed his declaration in replevin, to which defendant filed an affidavit of defense raising questions of law.

In Root v. Hershey, 39 Lane. L. Rev. 489, it is stated:

“The defendants in their…