Security State Bank v. Burnstad Farmers Elevator Co.

The plaintiff sues for the conversion of grain upon which it claims a mortgage. Judgment was rendered in its favor, and from the order denying a motion for judgment notwithstanding the verdict or for a new trial the defendants appeal.

Appellants say the evidence is insufficient to sustain the judgment in several respects, one of which is that plaintiff did not surrender to the mortgagor a correct copy of the chattel mortgage with the acknowledgment shown thereon; and allege this defect is fatal so that the filing of the mortgage failed to constitute notice, and that they had no actual notice…