Rennie v. J. I. Case Threshing Machine Co.

Opinion by

STEPHENSON, O.

The plaintiff commenced its action against the defendant for recovery on certain promissory notes therein described. The defendant admitted the execution of the notes sued on. By way of affirmative defenses the defendant alleged: (a) That the notes were given as part payment for a threshing machine and were secured by a chattel mortgage on the machinery; (b) that the plaintiff accepted the machinery from the defendant in settlement of the notes sued on; (b) that the plaintiff foreclosed and unlawfully sold the property and thereby became a conversioner. In a trial of…