Josate v. Mack

Mr. Presiding Justice Stone

delivered the opinion of the court.

This is an appeal from an order granting a new trial in an action brought by Tony Josate against Frank Mack, a junk dealer, to recover actual and punitive damages for secondhand coal mining machinery purchased by plaintiff in 1928 alleged to have been stolen by a minor boy and sold to defendant. The plaintiff relied upon chapter 38, Criminal Code, sec. 243 (Ill. Rev. Stat. 1937, p. 1163 [Jones Ill. Stats. Ann. 37.455]). The cause was tried by a jury, who found the defendant guilty and assessed the plaintiff’s damages at $900.…