Simonson v. McHenry
Supreme Court of Colorado
Appeal from the District Court of the City and County of Denver. Hon. P. L. Palmer, Judge. Action by Allie J. Simonson, John E. Simonson and Florence Simonson, co-partners doing business under the firm name of The Fidelity Beal Estate and Loan Company, against Edna McHenry. From a judgment for defendant, plaintiffs appeal. This is an action to recover the possession of certain goods and chattels.
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Appeal from the District Court of the City and County of Denver. Hon. P. L. Palmer, Judge. Action by Allie J. Simonson, John E. Simonson and Florence Simonson, co-partners doing business under the firm name of The Fidelity Beal Estate and Loan Company, against Edna McHenry. From a judgment for defendant, plaintiffs appeal. This is an action to recover the possession of certain goods and chattels. The appellants, plaintiffs below, predicate their right to such possession under and by virtue of a chattel mortgage executed by Marie Merrill and Ira Merrill February 19, 1902, to secure two…
1Opinion of the CourtJustice Goddard
'The principal and controlling question is whether the goods and chattels which the defendant purchased from Marie Merrill are the same goods and chattels which are covered hy the chattel mortgage. The contention of the defendant is that the property levied upon was not covered hy the chattel mortgage, the same having been purchased subsequent to the giving of the original mortgage, and that the last mortgage" covered only such chattels as were .included within the first, and whether they were so intended to he or not, that the description in the mortgage was insufficient to enable a third…
2Cited by3 opinions
- Fisher v. Norman Apartments, Inc.Supreme Court of Colorado · 1937
- Fisher v. Norman Apartments, Inc.Supreme Court of Colorado · 1937
- International Harvester Co. v. McFersonSupreme Court of Colorado · 1934