Fidelity Savings State Bank v. Grundeman

The opinion of the court was delivered by

Thiele, J.:

This was an action for conversion of personal property which had been mortgaged to plaintiff. Defendants appeal from an adverse judgment.

The gist of the petition was that on May 31, 1939, J. E. Kirkham and Anna L. Kirkham delivered to the plaintiff bank their promissory note for $2,500, to secure which they delivered a chattel mortgage on certain described concrete pipe; that the note had not-been *657paid and there w'as due on it a balance of more than $1,588.20; that on or about March 1, 1941, the defendants unlawfully took possession of a…