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Property Law and Real Estate

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1931

Automobiles

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Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee Dec 1931

Bailment - Contest Between A Garage Man Claiming A Lien For Repairs And A Prior Chattel Mortgagee

Michigan Law Review

K purchased an automobile, giving his note secured by a chattel mortgage on the car. P purchased the note. Subsequently, K took the car to the garage of D for repairs. D made the necessary repairs and held the car under claim of a lien. The note was defaulted and P replevied the car. Held, the mortgagor could not contract a debt giving rise to a lien superior to that of the mortgage without the consent of the mortgagee; hence, P recovered. Cleveland Auto Top & Trimming Co. v. American Finance Co. (Ohio 1931) 177 N.E. 217.