Martin Flying Service, Inc. v. Martin

Tbe plaintiff based its action upon tbe allegation in its complaint tbat it bad made payments to tbe Wachovia Bank & Trust Company at various times in 1947 and 1948 aggregating $2,792.40, wbicb payments were credited on and used for tbe payment of a note of $3,193.32 secured by cbattel mortgage wbicb bad been executed by tbe defendants and owed by them to tbe bank, and tbat tbe defendants bad received tbis amount to tbeir use and benefit and now refuse repayment.

Defendants denied tbe material allegations of tbe complaint, and further alleged tbat tbe defendants owned a Cessna Twin Engine…