John V. Farwell Co. v. Sweetzer

Thomson, P. J.,

delivered the- opinion of the court.

In 1895 the Paul Wilson Dry Goods Company was a corporation doing a mercantile business in the city of Pueblo. On the 27th day of February, of that year, this corporation executed a chattel mortgage of all its stock in trade and fixtures to the American National Bank of Pueblo, and Sweetzer, Pembroke & Co., a copartnership, and assigned to the same parties all its book accounts. The mortgage and assignment were made to secure an indebtedness to those parties, aggregating 125,563.31, exclusive of interest. The mortgage, by its terms,…