Funk v. Mid-City Trust & Savings Bank

Mr. Presiding Justice Wilson

delivered the opinion of the court.

Plaintiffs, as trustees of South Park Lodge No. 488, I.O.O.F., filed their suit in replevin against the defendant Mid-City Trust & Savings Bank for the recovery of certain bonds, and upon the return of the writ unexecuted as to said property, filed certain counts in trover for their value. Before trial the declaration was amended so that it appears that the action was maintained for the use of Globe Indemnity Company, as subrogee. At the close of the evidence, the court directed a verdict in favor of the defendant and judgment was…