Hartman v. Lubar

CLAGETT, Associate Judge.

Appellee, as trustee under a chattel deed of trust, brought an action in replevin against appellant and one Rosenblum, his former partner, as makers of the note thus secured, for the recovery of the chattels named therein. The basis of the suit was that the note was in the amount of $1,000, that only $80 had been paid, and that the balance was in default. Prior to trial, the chattels replevied were sold at public auction, realizing $522.47. Rosenblum confessed judgment. Appellant defended on two principal grounds: first, that the loan itself was usurious and, second,…