Mercantile-Commerce Bank & Trust Co. v. Kieselhorst Co.

This is an action to recover the balance due on a note for $62,000, after the sale of the collateral pledged to secure it and a credit of the proceeds thereon. Defendants, in the first count of the answer, admitted the execution of the note by the Kieselhorst Company, and that it was secured by the collateral sold. In a second count, and by way of a counterclaim, defendants sought to set aside the sale of the collateral and to require plaintiff "to return said securities or equivalent securities to the defendants, or to account for the present value thereof, which the defendants state is…