143 Ky. 738 | Ky. Ct. App. | 1911
OPINION OF THE COURT BY
Affirming.
On August 28, 1906, the appellee, Jessie Morris, borrowed from C. M. French $150, for which she executed to him a note for $210, secured by a chattel mortgage upon the contents of her residence at 125 West Green street in Louisville. The note was payable in monthly installments of $17.50 each, beginning one month thereafter. The mortgage provided that in case the mortgagor failed to make any one of the monthly payments when due, the mortgagee could enter the house, take possession of the mortgaged property, sell it at public or private sale, and apply the proceeds thereof to pay
The appellants specify twenty-nine separate and specific grounds for a reversal; but under our view of the case is not necessary to consider more than a few of them.
In tbe case at bar there can be no claim, under tbe proof, that tbe appellants even attempted to follow this well established rule; on tbe.contrary, instead of bold-ing tbe goods for redemption a reasonable time, and thereafter giving an adequate notice before sale, tbe appellant, Maxwell, seized tbe property and sold it at once to Merriman for tbe insignificant sum of $225, and be immediately thereafter peddled it out for whatever be could get for it at a quick and forced sale.
Therefore, tbe only question to go to tbe jury under tbe proof was tbe amount of tbe damage. If that issue was properly tried, there can be no reversal of tbe judgment of tbe circuit court.
Under this view of the case it becomes unnecessary to consider tbe many other questions raised by tbe motions for a new trial; and while there may have been some minor errors in tbe rejection of testimony, they were not sufficient, in view of tbe admitted testimony, to prejudice appellants’ substantial rights.
Judgment affirmed.