First National Bank v. Milwaukee Grain Elevator Co.

The plaintiff bank, claiming to hold a chattel mortgage upon a quantity of wheat to secure an unpaid indebtedness owing to it, seeks recovery of damages from the defendant elevator company claimed as the result of its conversion and appropriation of the wheat to its own use. A trial upon the merits in the superior court for Adams county, sitting without a jury, resulted in findings and judgment denying to the bank recovery, from which it has appealed to this court.

The controlling facts, we think, may be fairly summarized as follows: On April 7, 1927, the bank, being the owner of a tract of…