Bank of Thayer v. Klump Transfer Co.

The respondent, as plaintiff below,' brought this suit in replevin to recover possession of a truck, and for damages for alleged detention thereof. The bank claimed a special interest under a chattel mortgage on the truck after an alleged default of payment. The defense was lack of actual and constructive notice of the mortgage on the. part of the defendants. «There was a judgment 'for plaintiff for possession of the property found to be of the value' of $317.18 or, at plaintiff’s election, for the sum of $317.18, with costs. Defendants have sought to

■ We regret the procedural situation in…