Cherryvale Investment Co. v. Dillman

The opinion of the court was delivered by

Harvey, J.:

This is an action in replevin of an automobile. The trial court sustained a demurrer to plaintiff’s petition, and it has appealed.

The petition alleged that plaintiff is a corporation; that defendant was indebted to it on a promissory note in the sum of $1,196, due February 24, 1931; that on March 28 of that year, through its president and secretary, plaintiff demanded payment of the note; that defendant said he was unable to pay the full amount of the note at once; that if plaintiff wbuld extend the date of maturity of the note for one year…