C. I. T. Corporation v. Corey

This action in claim and delivery was brought by appellant for the recovery of a Plymouth sedan, which had been taken into possession by respondent by virtue of an affidavit of foreclosure and sale under a chattel mortgage.

Melvin Gardner purchased the automobile in controversy from the Cox Motor Company under a conditional sale contract, reserving title in the Cox Motor Company until payment made, dated April 25, 1934. This contract was then assigned by the Cox Motor Company, in blank, to the Western Finance Company and the payments due under the contract were guaranteed by the Cox Motor…