Farmers Co-Operative Assn. of Bertha v. Kotz

Magney, Justice.

Plaintiff, Farmers Co-operative Association of Bertha, Minnesota, by its receiver, Irja Mariin, brought action to set aside and declare void and of no force and effect a chattel mortgage given by the association to defendant and to declare void and of no effect the mortgage foreclosure sale record thereof. Plaintiff prevailed, and defendant appeals from the order denying his motion for a new trial and from the judgment.

Prior to 1943, one B. W. Schimmelpfennig had been employed by the association as its manager. After his services had been terminated by discharge, he brought…