Universal C. I. T. Credit Corp. v. Byers

PIOUSER, Commissioner.

This- is a suit for a deficiency judgment arising out of the foreclosure of a chattel mortgage. The trial court directed a verdict for plaintiff, the assignee of the mortgage, for $259.62 plus interest and attorneys’ fees in the total sum of $318.06. Defendant, the mortgagor, appeals from the ensuing judgment.

The petition alleged that on July 25, 1953 defendant executed a purchase money chattel mortgage for $1,069.12 payable to Bender-Schulz Motors, Inc. in 18 consecutive monthly installments of $59.39 beginning on September 5, 1953; that the mortgage, given on a 1950…