Margolin v. Franklin

Mr. PRESIDING JUSTICE ADESKO

delivered the opinion of the court:

Plaintiff, Essco Motors, brought an action against defendants Melvin and Betty Franklin to confess judgment on a promissory note. Defendants petitioned to open and vacate the judgment by confession and counterclaimed for $1,500.00 by reason of plaintiff’s fraudulent and wilfull conversion of their automobile. The cause proceeded to trial. The court, sitting without a jury, entered judgment on the counterclaim in tlie amount of $921.00.

Plaintiff appeals contending (1) the finding as to a modification in terms of payment of the…