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FIDELITY CORP. v. ASSOCIATES DISCOUNT CORP.

Docket No. 72, Calendar No. 46,197.

340 Mich. 610 (1954)

FIDELITY CORPORATION OF MICHIGAN v. ASSOCIATES DISCOUNT CORPORATION.

Supreme Court of Michigan.

Rehearing denied November 29, 1954.

Attorney(s) appearing for the Case

Mitts, Smith & Haughey, for plaintiff.

Uhl, Bryant, Slawson & Wheeler, for defendant.

SHARPE, J.

The Laketon Motor Sales is a partnership engaged in the sale of motor vehicles in the city of Muskegon. On July 22, 1953, they made and executed to plaintiff a floor plan chattel mortgage on a Buick automobile for the sum of $2,500. Similar mortgages were given on a Plymouth and a Ford automobile. Each mortgage was properly filed and each mortgage contains the following provision:

"That said mortgagor shall retain possession of said merchandise...

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