Dillon v. Bryant

The opinion of the court was delivered by

Porter, J.:

Plaintiff sued to recover the value of part of a stock of merchandise which, while in his possession as mortgagee, .defendant, as sheriff, levied upon and sold under an execution upon a judgment against the mortgagor. On the trial defendant prevailed, and plaintiff appeals.

The plaintiff is a retired railway engineer and for a number of years has been vice president of an organization- of engineers and firemen, his duties taking him away from home most of the time. For several years his business affairs have been managed by his son-in-law, D.…