Blue Valley Bank v. Clement Bane & Co.

This cause was heard at a former term of this court and an opinion filed and published in the N. W. R., vol. 26,. p. 583.* A motion for a re-argument was- made and allowed, and the cause re-argued and again submitted at. the present term.

A brief re-statement of the facts of the case may not be-out of place.

Tessier was the general owner of a stock of goods and was in debt. The bank was the owner and holder of two chattel mortgages on said stock of goods to secure debts-which were past due. For the purpose of foreclosing said mortgages the bank seized and took possession of the stock of goods.…