Brandtjen & Kluge, Inc. v. Hunter

I. Appellant was the plaintiff below, and respondent was the defendant; the parties will be referred to in this opinion as plaintiff and defendant.

The plaintiff instituted this suit in replevin to recover possession of a 12 x 18 Kluge automatic printing press, and also a 10 x 15 Kluge automatic printing press, which it had sold to the defendant and for which the defendant had executed promissory notes and secured same by chattel mortgage. The petition prayed for a judgment against the defendant only for possession of the printing presses. Defendant admitted the execution of the promissory…