Farmers State Bank v. Commercial State Bank

The opinion of the court was delivered by

Dawson, J.:

This was an action for an accounting of the proceeds of chattel property covered by mortgages held by these *448litigants, and in which incidental fraud and conspiracy were charged against the defendant bank, its officers, and the mortgagor.

It appears that prior to October 28, 1927, one Lundstrom, a tenant farmer of McPherson county, was indebted to the plaintiff bank in the aggregate sum of $3,457.40 with interest as evidenced by three past-due promissory notes. Lundstrom had been a customer of plaintiff, but prior to the incidents giving rise…