Bradley v. Kelley & Trustee

This is an action of contract. The plaintiff sets forth in his specification, which was filed with the writ, that “he will seek upon trial to recover of the defendant only upon a certain note payable to the order of the plaintiff, dated at Newport, Vermont, December 9, 1925, for the sum of One Thousand Dollars, for value received, payable on demand, with interest, and signed by the defendant, Clarence B. Kelley.” The note was secured by a chattel mortgage executed by the defendant at the time the note was executed.

The defendant filed an affidavit of defense in which he alleged under oath that…