First Bank & Trust Co. v. Mellay

GERALD, LYNN, Associate Judge.

Appellant, Plaintiff below, appeals from an adverse judgment entered by the Trial Court.

On or about December 9, 1959, the Appellant’s assignor entered into a conditional sale contract with the Defendant. Thereafter, the contract was assigned to the Plaintiff, who, on September 14, 1961, instituted this action seeking to recover the balance due on the contract. On October 31, 1961, a default was entered against the Defendant for failure to answer or otherwise plead to the Plaintiff’s Complaint. The Appellant then discovered and repossessed the subject matter of…