Harris v. Rivard

248 N.W. 573, 263 Mich. 134, 1933 Mich. LEXIS 1115

• Court: Michigan Supreme Court
• Decided: May 16, 1933
• Docket: Docket No. 21, Calendar No. 37,033.
• Status: Published

Opinion

Clark, J.

Plaintiffs were chattel mortgagees and defendant mortgagor of certain farm and otheir chattels to secure notes. After one extension and several conferences for further extension of time of payment, plaintiffs went to defendant’s farm, when they received the chattels which they later sold, and, crediting the avails on the notes, sue for the remainder.

The decisive issue of fact is whether the chattels were surrendered and accepted in full satisfaction of the debt or taken in the usual manner in such eases. This issue was submitted to a jury, who found for defendant. Prom judgment on verdict, plaintiffs have appealed.

In direct testimony on the issue there is flat contradiction between the parties. A significant circumstance favoring plaintiffs is that a regular chattel mortgage sale was held. Circumstances significant in defendant’s favor are that he signed transfer of title of an automobile covered by the mortgage, and that he required of plaintiffs a receipt for the articles, in lieu of return of the notes, which plaintiffs did not have with them. Clearly there is evidence supporting the verdict, which is not challenged by motion for new trial.

We find no error. Affirmed.

McDonald, C. J., and Potter, Sharpe, North, Fead, Wiest, and Butzel, JJ., concurred.