Creem v. Northwestern Mutual Fire Ass'n

AILSHIE, J.,

Dissenting in Part.- — -I am unable to agree with that part of the opinion of Justice Givens wherein it is contended that the evidence is sufficient to prove clearly and satisfactorily that “the merchandise” was included in the chattel mortgage by “mutual mistake.” I have read and examined the transcript of the evidence most carefully as given at the first trial and also at the second trial and am prepared to say that, in my opinion, the evidence as to mutual mistake, as given on the second trial, is not as strong as it was on the first trial. The same witnesses were called on the…