Gleeson v. Freeman

BARNARD, P. J.— The plaintiffs brought this action in claim and delivery to recover the possession of certain turkeys, claiming that the same were covered by three chattel mortgages executed by C. W. Freeman.

Gleeson conducted a feed store and C. W. Freeman operated a turkey ranch. To secure certain indebtedness and future advances Mr. Freeman gave three notes and chattel mortgages to Gleeson covering all turkeys on his ranch with the increase thereof and the eggs therefrom. The first mortgage was dated July 10, 1939, the second February 9, 1940, and the third May 27, 1940. In May, 1940, Gleeson assigned the second and third of these notes and mortgages to the Ontario Feed and Milling Company as security for his account with that company.

Mr. Freeman was required under the mortgages to buy his feed and supplies from Gleeson. He also marketed his turkeys through Gleeson, and in the account kept at all times [501]by Gleeson many payments were credited on these mortgages and various charges were made against Freeman. At the time this action was brought the plaintiffs claimed that Freeman owed Gleeson about $6,000 balance on the three notes.

On November 9, 1940, Belle Freeman married C. W. Freeman and they occupied his ranch during the year 1941. In January, 1941, Gleeson informed Freeman that he would not furnish him feed or finance him longer and Freeman said he would be unable to raise any more turkeys. Freeman was then delivering turkey eggs to Gleeson but certain small or cull eggs were regarded as unsalable for hatching purposes. There is evidence that Gleeson told Freeman he could do what he pleased with these eggs,- that Freeman told Gleeson that Mrs. Freeman had money of her own and that he would give these eggs to her and she would raise what turkeys she could, and that Gleeson consented to this arrangement.

Mrs. Freeman hatched out about 1,700 turkeys from these eggs and raised about 1,300 of them. She paid for the feed and other expenses with her own funds and in this connection gave a chattel mortgage on these turkeys to another dealer named Elliott, from whom she purchased some of the feed.

In the fall of 1941, the plaintiffs brought this action to obtain possession of the turkeys thus raised by Mrs. Freeman, claiming that they were covered by their three chattel mortgages. Pursuant to this action the sheriff removed 1,200 turkeys from the Freeman ranch. For some reason in connection with the failure to give a bond, 600 of these turkeys were returned to the Freeman ranch and with the consent of Mrs. Freeman these were turned over to Elliott, to whom she had given a chattel mortgage.