Swayne v. Tillotson

In tbe year 1901 the defendant Jones delivered to the defendant Tillotson a Schiller piano, under a contract of conditional sale which described the. *502instrument by its style and number, and provided that the title should remain in the seller until the price was fully paid. Only a small portion of the agreed price was ever paid. The contract was never recorded. In the year 1906 Tillotson borrowed money from the plaintiff, Swayne, and to secure its repayment gave him a chattel mortgage upon property described as one Schiller piano without other description or designation. This mortgage was not…