Johnson v. Eddy

The opinion of the court was delivered by

Thiele, J.:

This was an action in replevin. Plaintiff as receiver of the International Mortgage Trust Company sought to recover possession of securities consisting of personal notes and notes secured by mortgages, all of the aggregate face value of $43,933.73. Defendants answered, setting up a history of the transaction between the mortgage trust company and the defendant Eddy as county treasurer, whereby he came into possession of the securities. Plaintiff’s reply denied that the securities were delivered to Eddy in compliance with the agreement…