Legal Opinion

Case Threshing Machine Co. v. Wiley

Washington Supreme Court

Decided January 15, 1916No. 12856PublishedCited by 12 opinions

Appeal from a judgment of the superior court for King county, Albertson, J., entered November £7, 1914, upon findings in favor of the defendants, denying a deficiency judgment upon the foreclosure of a chattel mortgage, tried to the court.

1Opinion of the CourtMain, J.

On September 19, 1912, one H. E. Wiley purchased from the plaintiff an automobile for $1,800. Of this purchase price, $100 was paid at the time of the sale, and notes were given for the balance secured by a chattel mortgage upon the automobile. One C., T. Dearborn signed the notes with Wiley, but did not sign the mortgage. The notes not being paid as they became due, an action was brought, and a judgment of foreclosure entered. The automobile was sold under the decree, but did not bring a sufficient sum to pay the balance due upon the purchase price. The plaintiff sought a deficiency judgment…

2Cases cited3 opinions

  1. Way v. Lyric Theater Co.Washington Supreme Court · 1914
  2. State v. ErvingWashington Supreme Court · 1898
  3. Kennedy v. Canadian Pacific Railway Co.Washington Supreme Court · 1915

3Cited by12 opinions

  1. Warren v. Washington Trust BankCourt of Appeals of Washington · 1978
  2. Beyers v. MooreWashington Supreme Court · 1954
  3. Spokane State Bank v. TiltonWashington Supreme Court · 1925
  4. Peterson v. ZimmermanWashington Supreme Court · 1927
  5. De La Torre v. National City BankCourt of Appeals for the First Circuit · 1940

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