Thorp Credit, Inc. of Ohio v. Johnny's Auto & Truck Towing, Inc.

Plaintiff-appellee Thorp Credit, Inc. of Ohio (“Thorp”) filed a complaint against defendant-appellant Johnny’s Auto & Truck Towing, Inc. (“Johnny’s”) for replevin of a motorcycle titled in the name of David K. Harris, Jr. Thorp had a security interest in the motorcycle which Johnny’s towed at the request of the Akron police. Johnny’s counterclaimed for towing and storage charges. The trial court adopted the report of the referee by awarding a writ of restitution to Thorp and dismissing Johnny’s counterclaim. This court affirms the judgment of the trial court.

On September 2,1981, Harris was…