Hibbard, Spencer, Bartlett & Co. v. Everett

The garnishee, F. J. Everett, in an answer to the proceeding, denied indebtedness to the defendant. Thereupon he was further examined, and testified that he held a chattel mortgage executed by defendant upon a certain stock of merchandise, the possession of which he had taken under the mortgage, and, after adding certain goods to the stock, and selling from the stock thus enlarged, he caused the goods mortgaged to be sold by the sheriff, in order to forclose the mortgage. The sum realized at the foreclosure sale was less than the *373amount of the debt, costs of the sheriff’s sale, expenses…