Wertheimer, Swarts Shoe Co. v. Exchange Bank

— Upon a trial of this cause the court instructed the jury to find a verdict for the defendants, which they did. The plaintiff appeals, and assigns for error that under the pleadings and evidence this instruction was erroneous.

The action is replevin by the vendor of goods against the mortgagees of the vendee. The petition is in the ordinary form, and the answer a general denial. The evidence is not preserved in full in the record, but according to the recitals of the transcript there was evidence tending to show the following facts: That the vendees made false and fraudulent representations…