Martin v. Coker

Coker sued in replevin for the possession of a tractor and a trailer. These units had been sold by Coker to Martin who borrowed the price from the Merchants National Bank of Mobile. The note evidencing such indebtedness was endorsed for accommodation by Coker, and provided for monthly installments of $375. It was secured by a chattel mortgage executed in Alabama.

Martin made several payments, some by mail and others by telegraph. Upon default the bank compelled Coker to pay the balance due and assigned the note and chattel mortgage to him. On November 12, 1947, Coker sued out a writ of…