Arro Refining Co. v. Montana & Dakota Grain Co.

Plaintiff, as the mortgagee of a chattel mortgage on a wheat crop, brought this action to recover damages for conversion of the wheat by defendant. The cause was tried to the court without a jury, resulting in judgment for the plaintiff. Defendant has appealed from the judgment.

Under appropriate pleadings, evidence was introduced showing the following facts: On May 4, 1927, M. 0. Ratliff executed and delivered to plaintiff a promissory note in the sum of $100, due October 1. At the same time, to secure the payment of the note, he gave a chattel mortgage, verified and acknowledged as required…