Lusch v. Huber Manufacturing Co.

Epperson, C.

Plaintiff seeks to recover damages for the alleged conversion of personal property which he had conveyed by chattel mortgage to defendant to secure-an indebtedness. Upon default in payment, defendant took possession and *46sold the property under the mortgage. At the trial plaintiff contended: (1) That the chattel mortgage was materially altered and void; and (2) that defendant obtained possession of the property by duress. The court submitted the first theory under instructions not assailed on this appeal, but refused the instructions tendered by plaintiff submitting Ms second…