McMahel v. Smith

Appellee brought an action in debt in the circuit court of Wabash county against appellant to recover the statutory penalty of one-third the value of personal property alleged to have been sold by appellant under a chattel mortgage in which appellee was mortgagor and appellant mortgagee, the basis of the action being the alleged failure of appellant, as mortgagee, to comply with the provisions of section 2, Cahill’s 1933 Statutes, ch. 95, ¶ 28.

This case was before this court at a previous term and reversed and remanded on questions of pleading. 258 Ill. App. 53.

The case went to trial upon the…