Stoffel v. Sullivan

This is an appeal from the judgment dismissing plaintiffs’ cause of action with prejudice and for taxable costs in favor of defendants. A concise statement of the facts will disclose the issues. One, Oien was engaged in the lumber and hardware business at Yenlq in Hansom county. He first conducted the business in the name of A. P. Oien and later as the Venlo Lumber Company. Later he became indebted to both the plaintiffs and the defendants. On January 13, 1921, he gave a note for $1,925, to the plaintiffs. He attempted to secure this note by a mortgage upon certain real estate and on a stock…