Drumm-Flato Commission Co. v. First National Bank

The opinion of the court was delivered by

Doster, C. J.:

Many claims of error are made in this case. We have examined all of them, but none is well founded, and but one seems to call for explanation and formal decision. One Milner was a mortgagor of cattle. The First National Bank of Madison *747was the assignee of the mortgage. It sued the Drumm-Flato Commission Company for a conversion of the cattle to the latter’s use. One of the defenses was that the bank had negligently permitted the cattle to become intermixed with other cattle of the same class and characteristics belonging to another person…