Breon-Armold Motor Co. v. Fuller

The opinion of the court was delivered by

Smith, J.:

The action was for replevin of an automobile. Defendant filed answer and cross petition. He recovered the value of the automobile and damages for money expended for attorney fees and punitive damages for malicious prosecution of the suit. Plaintiff appeals.

The appellant sold an automobile to a man by the name of Parsons, who paid part of the purchase price in cash and gave a mortgage on the car for the balance. The mortgage contained a provision that in case the mortgagee should deem itself insecure it would have the right to seize the car.…