Great Western Loan & Trust Co. v. Rodriguez

TIREY, Justice.

Appellant brought this suit on a promissory note secured by chattel mortgage lien upon household furniture. Appellees admitted execution of the note and mortgage, but filed a cross-action for actual and exemplary damages because of an alleged assault and battery which appellees claim was committed on appellee’s wife by plaintiff while seeking possession of the mortgaged property. At the conclusion of the testimony the court overruled appellant’s motion for instructed verdict and judgment, except he found for appellant in the amount of its debt, interest and attorney’s fees, and…