First National Bank v. Erling Bros.

This action was instituted to recover upon a promissory note and to foreclose a chattel mortgage given to secure payment of the note. The defendants in their answer admit the execution and delivery of the note and mortgage, that the note has not been paid, and that the chattel mortgage is a first lien upon the property described in the complaint, but by -way of counterclaim alleged that the defendants made fraudulent representations and warranties, relied upon by the defendants, concerning the sale of sheep upon which transaction plaintiff’s note and mortgage are predicated. The plaintiff,…