Midwestern Acceptance Co. v. Allied Finance Co.

WILLIAMS, Justice.

The question for determination in this appeal is whether the trial court properly took the case from the jury.

Defendant in error, Allied Finance Co.., a corp., hereinafter referred to as. Allied,, as plaintiff; instituted this action against ]\Jid-western Acceptance Co. Inc. a. corporation, hereinafter referred .to as Midwestern, and Frederick R. Noble and Betty Li, Noble, husband and wife, for recovery ,of certain household furniture. '

Midwestern filed a cross-petition alleging that Allied had actual .knowledge when it took its mortgage, of the prior existence of the…