Greve v. State Bank

Gallagher, Chief Justice.

Defendant appeals from an order denying its motion for judgment non obstante or a new trial.

On April 13, 1932, plaintiff, his son Ben, and the latter’s wife executed and delivered to defendant their promissory note for $3,615, due six months after date and bearing interest at the rate of eight per cent per annum. The note was secured by a chattel mortgage executed by Ben and wife covering livestock, farm machinery, and a 1929 Ford automobile.

Ben operated a farm near Wilmont in Nobles county. On February 12, 1934, he held an auction and sold all of the personal…