Rutherford v. Edward L. Eyre & Co.

Action by W.W. Rutherford and another against Edward L. Eyre Company, and another, for an alleged conversion of turkeys by foreclosure sale under a chattel mortgage which was allegedly paid. From a judgment of nonsuit, plaintiffs appeal.

AFFIRMED. This is an action for conversion in which the plaintiffs have appealed from a judgment of involuntary nonsuit.

The property involved was a quantity of turkeys which the plaintiffs owned up to December 30, 1940, the date of the alleged conversion. On that day the defendant Edward L. Eyre and Co., claiming to exercise rights under two chattel mortgages…