Legal Opinion

Herrick v. First National Bank

Court of Appeals for the Ninth Circuit

Decided January 8, 1923No. 3830PublishedCited by 4 opinions

Petition for Revision of Order of and Appeal from the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. In the matter of George R. Jesse, bankrupt. Appeal and petition to revise by J. E. Herrick, trustee to review an order in favor of the First National Bank of Colville, Wash. Reversed.

1Opinion of the Court

HUNT, Circuit Judge.

The bankrupt gave a chattel mortgage to a bank in Washington to secure the purchase price of certain automobiles. The mortgage was acknowledged before a notary public and filed with the proper recording officer. The instrument bore the usual form of affidavit of good faith, which was signed by the mortgagor, but the jurat to the affidavit was not signed by any one, although the notary public before whom the instrument was acknowledged affixed his official seal opposite the place where his signature should have been. The validity of the mortgage was questioned, and from a…

2Cases cited5 opinions

  1. Reynolds v. FitzpatrickMontana Supreme Court · 1899
  2. Jennings v. SchwartzWashington Supreme Court · 1914
  3. Milburn Manufacturing Co. v. JohnsonMontana Supreme Court · 1890
  4. Holmes v. CrooksNebraska Supreme Court · 1898
  5. Woods v. Young Lumber Co.Washington Supreme Court · 1919

3Cited by4 opinions

  1. In Re Supernit, Inc. Appeal of BoydCourt of Appeals for the Third Circuit · 1950
  2. Dorsey v. Brunswick Corp.Washington Supreme Court · 1966
  3. Seymour v. LandonWashington Supreme Court · 1924
  4. In re JettnerDistrict Court, D. Indiana · 1928

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