M. Phillips & Co. v. McChesney
Hawaii Supreme Court
Agreed Submission. Statement of Facts. W. H. Daniels, of Wailuku, on the 1st day of May, 1889, then commencing business as a retail trader, made a mortgage to said M. Phillips & Co., a copy of which is hereto annexed and made a part hereof, which was duly placed on record. Said mortgage was given to secure the account of said M. Phillips & Co. for goods sold and goods agreed to be sold to said Daniels.
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Agreed Submission. Statement of Facts. W. H. Daniels, of Wailuku, on the 1st day of May, 1889, then commencing business as a retail trader, made a mortgage to said M. Phillips & Co., a copy of which is hereto annexed and made a part hereof, which was duly placed on record. Said mortgage was given to secure the account of said M. Phillips & Co. for goods sold and goods agreed to be sold to said Daniels. Said Daniels since giving said mortgage has carried on said business and has purchased goods from other dealers, and has made payments on account to them and is now indebted to them for such…
1Opinion of the Court
Opinion op the Court, by
Bickerton, J.
The first question of law must be answered in the affirmative. It has always been held by this Court that chattel mortgagees are entitled to the possession of such portion remaining of the stock that was in possession of the mortgagor at the date of the mortgage. See Hardy vs. Ruggles, 1 Hawn., 409; Spencer vs. Bartow, 3 Hawn., 719. This was held to be the law in the recent case of W. C. Parke, Assignee, vs. L. J. Levey, and in other cases not reported.
The second question of law raises a new point. There is a clause in this mortgage which reads: “All my…
2Cases cited2 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Chase v. DennyMassachusetts Supreme Judicial Court · 1881
3Cited by2 opinions
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- Harrison v. MarksHawaii Supreme Court · 1898