Eade v. First Nat. Bank of Condon

BURNETT, J.,

Dissenting.—This is an action wherein the plaintiffs, as chattel mortgagees, claim from the First National Bank of Condon $2,600 damages for an alleged conversion of certain personal property to its own nse by the defendant bank. W. I. Ebbert was also made a defendant but nothing is said in the complaint about him except that he executed the notes and chattel mortgages mentioned therein, upon which the plaintiffs rely. He is not accused of participating in the conversion of property of which they complain. There is no prayer for any relief as against him and he made no defense. It…