White Co. v. Canton Transportation Co.

Once again we are confronted with that legal monstrosity “wilful and malicious” misconduct.

This is an action in replevin, brought under virtue of a repossession clause in a chattel mortgage in the words and figures following:

“It is agreed that if default be made in the performance of any of .the agreements or conditions herein resting upon the mortgagor, or if the mortgagor shall commit any waste or misuse and not keep said property in first-class condition or shall attempt to sell, secrete, convert or remove said property without mortgagee’s written consent, or if the property shall be…