Peterson

In this action for the recovery of Liberty and Victory bonds and a note and mortgage securing the same from the defendant bank, the action having been dismissed as to the other defendants, the pleadings framed for decision the following issues: (1) The character, conditional or absolute, of the delivery to the bank by plaintiff’s assignor, her husband, of his promissory note; (2) the conditions under which the bank obtained possession of the bonds, note and mortgage; (3) the extent of the obligations secured by Carlo Lepori’s pledge, and satisfied by its performance, and (4) the validity of plaintiff’s title to those bonds and the note and mortgage. Defendant bank appeals from an adverse judgment, based upon findings favorable to plaintiff upon those issues, claiming such findings are unsupported by and contrary to the evidence, and also that the judgment is not in alternative form required in an action of claim and delivery.

Before considering the sufficiency of the evidence to support the findings, it is well. to state the law, fixing the boundaries of our task in that regard. “The sufficiency of evidence to establish a given fact is primarily a question for the trial court,…