Morris Plan Bank v. Glockner

WESTERFIEDD, Judge.

This is a suit for $125,. the balance alleged to be due on a promissory note executed by defendant. The defense, as set up in the answer, is based upon the alleged failure of the plaintiff to intervene in a proceeding involving the seizure and sale of an automobile belonging to the defendant upon which the plaintiff had a chattel mortgage given as security for the promissory note sued on, the contention being that if the plaintiff had intervened in the other suit and asserted its lien, the entire amount due under the note would necessarily have been discharged because of…