Nagelson v. Fair Park National Bank

DIXON, Chief Justice.

Appellant Fred Nagelson brought this suit against Fair Park National Bank, Charley P. White and Tony Burrescia for damages for an assault and battery committed on appellant by White and Burrescia, who were attempting to repossess an automobile upon which the Bank held a chattel mortgage. White and Burrescia are partners in a used car business under the name of Big Wheel Motor Company. Nagelson is the operator of an automobile service station.

The Bank filed a motion for summary judgment. The court severed appellant’s cause of action against the Bank from his cause of…