Crim v. Fitch

James M. Fitch was the owner of a threshing machine, which he had purchased from Aultman and *215Taylor, to whom he yet owed a balance due for the machine, upon which Aultman and Taylor held a mortgage to secure the debt. Eitch sold the machine to Joshua Crim. The consideration of the sale was, that Crim should pay Fitch twenty-five dollars, and pay Aultman and Taylor the balance due on the machine from Fitch to them. Crim paid the twenty-five dollars to Fitch, received the machine, and afterwards sold it to a third party, but failed to pay any part of the debt due from Fitch to Aultman and…