Sax Motor Co. v. Belfield Farmers Union Elevator Co.

Plaintiff brings this action to -recover damages for the .conversion of certain grain on which it held a mortgage.

Plaintiff in its complaint set out the execution and delivery of the mortgage to it and the conversion by the defendant of the grain covered thereby. The defendant, answering, interposed a qualified general denial, and further alleged that if the plaintiff had any mortgage ■on the grain in question that it waived the same by authorizing the mortgagor to sell and deliver such grain.

The case was tried to a jury. A verdict was returned for the plaintiff in the amount claimed by it.…