Paine v. Bank of Ceres

This is an action for conversion, based upon the sale by defendant bank of plaintiff’s cattle under a chattel mortgage. Judgment was rendered in favor of plaintiff and defendant appeals therefrom. The main question for decision is whether the plaintiff mortgagor was in default at the time possession of the cattle was taken under the mortgage.

On November 6, 1940, the plaintiff, Joe Paine, borrowed sixteen hundred dollars from defendant bank, for which he gave his note secured by a chattel mortgage on property, consisting, among other things, of fifty-eight head of dairy cattle and one hundred…