Hayes v. Midland Credit Co.

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

Plaintiff owned a $9,000 promissory note and other notes given by Oscar Erickson, all of which were secured by a $12,000 real estate mortgage. He left the notes and mortgage for safekeeping with the State Bank of Savage of which E. C. Henkel was cashier. On November 10, 1921, plaintiff executed an assignment, which he Claims was procured by fraud, transferring the mortgage and the $9,000 note secured thereby to Henkel. Two days later Henkel delivered the note and mortgage together with an assignment…