United Missouri Bank South v. Cole

SWOFFORD, Judge.

This is an action for damages for a deficiency of an automobile installment sale contract after repossession, sale and credit proceeds of such sale of the collateral (automobile). The debtor under the contract counterclaimed for actual and punitive damages alleging wrongful repossession (conversion) of the automobile. In the court-tried case below, the court found in favor of the respondent (Bank) and awarded it a judgment for $485.45 and found against the appellant (Cole) on his counterclaim, and this appeal followed.

The evidence in this trial established that on May 1, 1973,…