Donoghue v. Beeler

HOBSON (Ret.), Justice

(dissenting).

This case is here on a petition for cer-tiorari to the District Court of Appeal, Third District, on the basis of an alleged direct conflict with a prior decision of this court.

It appears that in September, 1958, one Peterson executed and delivered a promissory note to the petitioner’s assignor. A chattel mortgage on certain bar fixtures and equipment was given as security for the note. Subsequently the note was negotiated and the mortgage assigned to the petitioner herein. The chattel mortgage and the assignment thereof were recorded in the Public Records of…