Trovatten v. Hanson

Taylor, C.

This is an action in replevin in which plaintiff claims under a chattel mortgage. It has been tried twice. The first trial resulted in a verdict for defendant. Plaintiff made a motion for judgment non obstante or for a new trial, and the motion for judg ment was granted. On appeal this court reversed the order for judgment and remanded the case for the trial court to determine the motion for a new trial. In remanding the case, this court stated that while the record was confusing the defense seemed to be a claim of payment, proof of which was not admissible for the reason that…