The Seattle
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. On December 12, 1899, the Seattle Bridge Company, a copartnership consisting of II. T. McPherson and D. McL. Brown, as party of the first part, entered into an agreement with Alexander Watt, party of the second part, in contemplation of the award to the parties thereto of a dredging contract in the harbor of Everett, Wash., for which they had submitted bids.
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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. On December 12, 1899, the Seattle Bridge Company, a copartnership consisting of II. T. McPherson and D. McL. Brown, as party of the first part, entered into an agreement with Alexander Watt, party of the second part, in contemplation of the award to the parties thereto of a dredging contract in the harbor of Everett, Wash., for which they had submitted bids. By the terms of the agreement it was provided that, in case said dredging contract should be so-awarded to said parties,…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The appellant claims priority for its mortgage, first, because, the appellee’s bill of sale not having been duly recorded as a chattel mortgage, the record thereof was not constructive notice to appellant’s assignor, 'Watt; and, second, it was not shown that. Watt ever had actual notice thereof. In view of.the contract of December 12, 1899, as we construe it, it is not material to this question of the priority of the liens whether the mortgage to the appellee was duly recorded, or was ever recorded. The provisions o'f that contract, to which Watt was a…
2Cases cited14 opinions
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Tapia v. DemartiniCalifornia Supreme Court · 1888
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3Cited by4 opinions
- Schramm v. Bank of California, National Ass'nOregon Supreme Court · 1933
- Schneider v. ThompsonCourt of Appeals for the Eighth Circuit · 1932
- In Re TaubCourt of Appeals for the Second Circuit · 1924
- Althouse v. Provident Mutual Building-Loan Ass'nCalifornia Court of Appeal · 1922