Walker v. Fitzgerald

Lees, C.

Appeal from an order denying the motion of the defendant Bear-man Fruit Company for judgment or a new trial of an action to recover possession of a motor truck.

Plaintiff sold the truck to the defendants Fitzgerald and May, taking from them a chattel mortgage upon it, in which it was described as “One type S. Wilcox, one-ton truck.” The mortgage recited that the mortgagors resided in Minneapolis and that the truck was in their possession. Plaintiff held an owner’s certificate of title to a motor vehicle described in the certificate as follows: “Motor Number 3051, Make Wilcox, Model 1,…