O'Connor v. Einfeldt

Taylor, C.

The present controversy is between the plaintiff, who holds a judgment against defendant Z. H. Einfeldt for $465.55, and the intervener bank which held a chattel mortgage upon the greater part of Einfieldt’s personal property to secure a promissory note representing an indebtedness of approximately $5,000. By an arrangement between Einfeldt and the bank, he disposed of his personal property at a public auction and something over $4,700 was realized from the sale. The cashier of the bank “clerked the sale” and, while the proceeds were still in his hands, plaintiff caused a garnishee…