Nome State Bank v. Brendmoen

This is. an action to foreclose a chattel mortgage. The plaintiff is the mortgagee and the defendants aré the mortgagors. The defendants demurred to the plaintiff’s complaint on the ground that it does not state facts sufficient to constitute a cause of action. The court overruled the demurrer and the defendants appealed.

Two issues were presented to the trial court. First, whether the complaint alleges in sufficient terms that a copy of the chattel mortgage was delivered to the mortgagors at the time of execution. Second, does the failure of the complaint to allege surrender of a copy of the…