P. Ballantine & Sons v. Macken

The opinion of the court was delivered by

Mdstuen, J.'

To secure the payment of a promissory note for $600 dated April 1st, 1904, payable one day after date, made by defendant,- payable to plaintiff, the defendant executed a chattel mortgage to the ¡ilaintiff. In due course the ■ note was barred by the statute of limitations. The mortgage was thereafter resorted to by defendant to make good the amount of the indebtedness, and upon a sale the chattels covered by it brought $65, which- sum, less the expenses of the sale, was credited by the plaintiff on the note, leaving the amount claimed to be…