Massachusetts Bonding & Insurance Co. v. Novotny

The relief sought by the plaintiff surety company is the cancellation of a judgment. Two issues are pre-sented, either of which, if answered favorably to appellee, must result in an affirmance of the case. To understand the issues presently stated, it is necessary- to outline the salient facts.

The appellant, Joseph J. Novotny, placed a Haynes automobile in storage in a garage in Cedar Rapids, Iowa. On March 20, 1920, his brothei*, William J., executed a bill of sale for the car 0Iie Nrank E Smith, and received there-f°r a $1>300, with interest, secured by a mortgage on a parcel of real…