Pennington v. First Discount Corp.

This is an appeal from a judgment in favor of the plaintiff, the mortgagor of an automobile, against the defendant, the assignee of the mortgagee,, for damages resulting to the mortgagor from the seizure and sale of the automobile by such assignee.

The plaintiff alleged that he bought the automobile from Ohio Motor Sales of Dayton, Ohio, on August 13, 1948, for the sum of $2,400; that he paid $305 in cash and was given credit of $395 for a secondhand automobile, which he transferred to the vendor at the time, leaving a balance of $1,700 still due, to secure which he gave a chattel mortgage to…