Fipps v. Stidham.

Summary

The court held that the trial court improperly sustained the plaintiff's demurrer to the defendant's evidence in a replevin action involving a renewal note and mortgage. The evidence, viewed under the applicable demurrer standard, supported an inference that the defendant and the bank and its officers were in a confidential relationship, that the defendant had exercised ordinary diligence under the circumstances, and that the plaintiff could not rely on waiver or estoppel. The judgment was reversed and remanded for further proceedings.