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MARGOLIN v. FRANKLIN

No. 54014.

132 Ill. App.2d 527 (1971)

270 N.E.2d 140

SAMUEL MARGOLIN et al., d/b/a ESSCO MOTORS, Plaintiff, Counter-Defendant and Appellant, v. MELVIN E. FRANKLIN et al., Defendants, Counter-Plaintiffs and Appellees.

Appellate Court of Illinois — First District.

Rehearing denied April 14, 1971.

Attorney(s) appearing for the Case

Alan J. Scheffres, of Chicago, for appellant.

Bradley & Bradley, of Chicago, for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE ADESKO delivered the opinion of the court:

Plaintiff, Essco Motors, brought an action against defendants Melvin and Betty Franklin to confess judgment on a promissory note. Defendants petitioned to open and vacate the judgment by confession and counterclaimed for $1,500.00 by reason of plaintiff's fraudulent and wilfull conversion of their automobile. The cause proceeded to trial. The court, sitting without a jury,...

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