Ross v. Amiret Farmers Elevator Co.

Olsen, C.

Appeal by defendants from an order denying their motion for a new trial.

Plaintiff, under a bill of sale and assignment of a farm renting contract, was the owner and entitled to the possession of a quantity of oats of the value of $366.36 in the possession of the defendant Amiret Farmers Elevator Company, hereinafter referred to as the elevator company. While plaintiff held the bill of sale and assignment as security, he had legal title to the oats. The elevator company disposed of the oats and, without the consent of or any authority from the plaintiff, paid over the proceeds or…