McMAHON FOOD CO., INC. v. Call

SULLIVAN, Judge.

Plaintiff McMahon Food Company (McMahon) appeals a default judgment entered in its favor. It asserts that the trial court erred in refusing to award treble damages pursuant to I.C. 34-4-30-1 (Burns Code Ed.Supp.1979). We reverse.

Evidence of the following facts was presented at the hearing on the application for default judgment. On September 29, 1977, James Call gave a McMahon driver a $396 check for goods delivered to his Lake-view Restaurant. The check was returned for insufficient funds on October 14. McMahon’s credit manager notified Call by telephone. Eventually, Call…