Crosswhite v. American Insurance Co.

Plaintiff appeals from a judgment for defendant surety company in an action on a claim and delivery bond.

Plaintiff acquired a logging truck knowing that it was subject to a chattel mortgage held by the DeBon Motor Company as security for a note that was in default. The mortgage provided that in the event of a default the mortgagee was entitled to possession and could “enter upon the premises where the said mortgaged property may be and take possession thereof.” Instead of attempting to take possession of the truck, DeBon first demanded possession and when that was refused brought an action…