Lindsley v. Werner

delivered the opinion of the court.. The plaintiff Lindsley, an automobile dealer in Alamosa, Colorado, sold a Chrysler touring car to J. Paul Walling. The purchaser did not pay the entire purchase price and for the balance thereof, amounting to $874, he gave to plaintiff his promissory note in that sum, and to *546secure its payment executed and delivered to the plaintiff a chattel mortgage upon the car. The mortgage contained a covenant against the use of the car by the mortgagor in the violation of the federal or state intoxicating liquor laws. Thereafter, acting upon an appropriate affidavit,…