First State Bank of Kief v. Osborne-McMillan Elevator Co.

BbRRY, Dist. J.

This action was brought by the plaintiff bank against the defendant elevator company for an alleged conversion of 962 bushels of No. 1 and 79 bushels of No. 4 Mixed Durum "Wheat, raised by one Anton Yolochenko, on land in McLean county, owned by Carl W. Covlin.

The case was tried to the court and jury. At the close of the trial the jury was waived. The court made findings and ordered judgment for the plaintiff for $370.75, with 10 per cent interest thereon since October 16th, 1919, as damages, the same being the amount of plaintiff’s note and mortgage.

The plaintiff’s special…