General Motors Acceptance Corp. v. Powers

The question to be decided upon this appeal is whether replevin may be had by a chattel mortgagee for the possession of the personal property mortgaged when the instrument contains a provision giving him the right of possession upon default. The complaint alleges that Laura M. Powers gave the Grody Chevrolet Company a chattel mortgage on a Cadillac automobile to secure a debt of $312.24 which was to be paid in twelve monthly payments of $26.06 each. It contained the following provision: “3. In the event of default in payment of any instalment or sum payable hereunder . . . the full amount…