CODY, Justice.
This suit was brought by the Lindquist Finance Corporation to recover from C. J. E. Herbsleb the balance due on a note dated February 4, 1952, which was by its terms due May 4, 1952. To secure the payment of said note a chattel mortgage was executed by the company, of which Mr. Herbsleb was then president. In the suit plaintiff did not seek to have the mortgage foreclosed for reasons which will hereafter appear, but instead sued George B. Lindler, alleging...
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