Mid-Continent Refrigerator Co. v. Whitterson

This is an appeal from an order of the Hamilton County Municipal Court overruling appellant’s motion for relief from judgment.

There is no material dispute on the facts. Irvin Marcus was the owner of a small grocery business. He leased refrigeration equipment from the plaintiff, Mid-Continent Refrigerator Co., appellee herein, but failed to pay the rental when due. The plaintiff obtained a default judgment against Marcus for $1,680 on July 7, 1967. On July 2, 1968, Marcus filed a notice of appeal and on July 3, 1968, Malcolm W. Whitterson, appellant herein, executed an appeal bond as surety…