Kissick v. Kissick

On Rehearing.

ARNOLD, J.

Appellant, in its motion for rehearing, charges, first, that the opinion herein erroneously states the facts in this particular, to-wit:

“Either at the time of the payment of the $1000 or the payment of the $3400 note, 'which was met when it fell due, Pratt turned over and endorsed to plaintiff the note and chattel mortgage and also assigned to him his right to bring suit .against the defendant for conversion.”

Appellant insists there is no proof that, at any time before the trial of the cause, Pratt assigned to plaintiff his right to bring suit against the defendant for…