Drovers' Live-stock Commission Co. v. Charles Wolff Packing Co.

*331The opinion of the court was delivered by

Mason, J.:

In March, 1900, Peter O’Connor, Mahlon Patterson and I. Patterson executed to the Drovers’ Live-stock Commission Company a mortgage upon a number of head of cattle to secure their note for $11,-293.40. Later in the year the mortgagors sold a number of the cattle to the Charles Wolff Packing Company, receiving the proceeds thereof, a part of which they turned over to the mortgagee and the remainder of . which, amounting according to the only evidence on the subject to $2073.14, they retained. The commission company, upon learning of this fact,…