COMMERCE ACCEPTANCE OF OKLAHOMA CITY, INC. v. PRESS

No. 41242.

428 P.2d 213 (1967)

COMMERCE ACCEPTANCE OF OKLAHOMA CITY, INC., a corporation, Plaintiff in Error, v. Jerry PRESS, d/b/a Jerry's Automatic Transmissions, Defendant in Error.

Supreme Court of Oklahoma.

May 16, 1967.


Attorney(s) appearing for the Case

Paul Washington, Oklahoma City, for plaintiff in error.

Bay, Hamilton & Renegar, by Arthur S. Bay, Oklahoma City, for defendant in error.


IRWIN, Vice Chief Justice:

Plaintiff in error, herein referred to as plaintiff, held a recorded chattel mortgage on a certain automobile. Plaintiff commenced an action in replevin to recover the automobile against defendant in error, herein referred to as defendant. Defendant defended the action on the grounds that his possessory lien for towing charges, repairs and storage for the automobile had priority over plaintiff's previously perfected security interest.

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