Kobacker Furniture Co. v. Huggins

This is an action in replevin under an unrecorded conditional sales contract, copy of which is presented on this motion. The property sold consisted of household furniture exempt under section 665 of the Civil Practice Act. Though the answer denies the material allegations of the complaint, it also affirmatively alleges the purchase and does not claim it was not conditional or that the purchase price was fully paid.

For an affirmative defense, the answer alleges that the defendant filed a petition in involuntary bankruptcy, was adjudicated bankrupt and that among the assets listed was exempt…