State Bank of Ardock v. Burke

Biedzell, J".

This is an appeal from a judgment and from an order denying the plaintiff’s motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. The action is predicated upon the alleged conversion of certain flax described in a chattel mortgage given to the plaintiff. The flax was purchased by the defendant and the price paid to the mortgagor. Later the defendant refused: to' deliver the flax to the plaintiff upon demand; hence this action.

The facts necessary to be stated are substantially as follows:: In the fall of 1921, one Eobinson, being indebted to the…