Jessup

The plaintiffs-appellants, Roger Jessup and Marguerite Rice Jessup, partners, and Marguerite Rice Jessup, trustee, doing business under the firm name of Roger Jessup Farms, sued the defendants, Bill W. Center, doing business as Center Livestock Company, and Cattle Center, Inc., for damages for fraud and conversion. The trial court entered judgment in favor of plaintiffs against the defendant Bill Center in the sum of $21,618.90, but decreed that plaintiffs take nothing against the defendant Cattle Center, Inc. Plaintiffs appeal only from that portion of the judgment which denied relief against Cattle Center, Inc.

On March 4, 1964 appellants were the owners of 159 head of cattle. On that date they sold their cattle at their ranch to the respondent Bill Center, a cattle dealer. At the time of sale Bill Center as the buyer, issued his “bill of sale draft” in the amount of $19,616.22 payable to appellants and drawn on the First Western Bank. At the time the draft was issued, Bill Center did not have funds with which to meet his draft and knew the draft would not be paid when presented.

Appellants’ cattle were loaded onto trucks at the ranch. Appellants caused the cattle to be…