Tell City Nat. Bank v. Wischer, Trustee

Dissenting Opinion.

Enloe, J.

I find myself unable to concur in the conclusion reached, and in the reasoning by which the same was reached, as stated in the principal opinion herein.

In the principal opinion it is said: “It is to be observed that there is no challenge of the validity of the warehouse receipts set out in these paragraphs, and held to secure the loan to the Odells evidenced by the notes therein set out.” These receipts being admittedly valid, the prime question now to be considered is as to their legal force and effect. What right did the holder of these receipts have in and to…