Francis v. Mogul

In this action of contract or tort the declaration is in three counts. In count 1 the plaintiff alleges that he executed and delivered to Mogul a chattel mortgage on a Mack trailer truck to secure a note for $7,150, and that Mogul without due and sufficient legal notice and without just cause and in breach of her agreement foreclosed the mortgage in an illegal manner and deprived the plaintiff of the ownership of the truck. In count 3 he alleges that Leventhal converted the truck to his own use. Count 2 was waived by the plaintiff.

The case was tried to a jury who returned a verdict against…