87 Neb. 796 | Neb. | 1910
This is an action in replevin. The petition as amended alleges that the plaintiff has a special property in a threshing machine separator, and other threshing machinery, by virtue of a chattel mortgage executed by the defendant in favor of the plaintiff to secure the sum of $250, payable on the 1st day of October, 1907, and three other notes falling due at later periods; that the defendant has failed to pay the note due October 1,1907, and thereby has broken the condition of the mortgage; that demand was duly made for the possession of the property, but that defendant refused to deliver the same, to plaintiff’s damage in the sum of $150. The plaintiff also pleaded that under the terms of the mortgage, upon default in the payment of any of the notes, all the notes might at the option of the mortgagee become immediately due and payable, and that the plaintiff elected to exercise this option and declared the whole debt due and payable. The answer was a general denial, except that defendant admitted the value of the property to be $1,500, as alleged in the plaintiff’s petition. The case was tried to the court without the intervention of a jury, by agreement.
The court found that the plaintiff had a special inter
We find no error prejudicial to defendant in the record, and the judgment of the district court is affirmed, if plaintiff remits the sum of 65 cents within 30 days. ’ Costs taxed to appellant.
Affirmed.