Beaty v. Wood

*84The opinion of the court was delivered by

Hopkins, J.:

The action was one for malicious prosecution. ' The plaintiff recovered and defendant appeals.

The defendant sold plaintiff a Hupmobile in the early part of 1920, taking plaintiff’s note and chattel mortgage on the car for $390. Sometime later, on his failure to make payments, the plaintiff surrendered possession of the car. On June 8,1920, he made a payment of $100 and again secured possession of the car. Sometime in July following, without informing the defendant of his intentions, plaintiff, in company with his wife, left Iola in the car.…