Van Tilborg v. First Nat. Bank of Marlow

GIBSON, V. C. J.

This is an action in conversion by the mortgagee against the alleged purchaser of certain personal property. Judgment was for plaintiff, and defendant appeals.

The property in question consisted of broomcorn on which the plaintiff held a mortgage to secure certain notes representing money loaned to one Hancock, the grower. Hancock harvested and transported the broomcorn to the town of Lindsay, where he sold the same on the open market. Defendant is alleged to have purchased the corn and disposed of the same with knowledge of plaintiff’s mortgage.

Defendant now insists that the…