Courtnay v. Brenneman

BUNNELL, District Judge.

Plaintiff’s first contention is that the chattel mortgage is void, because it covers personal property acquired after October 6, 1917, the date of execution of the instrument, and permits removal of stock in the course of the retail business conducted by the mortgagor, with no provision that the proceeds of the sale of the mortgaged property shall go towards the liquidation of the indebtedness secured. As between the parties the chattel mortgage is valid. Fraud is not pleaded. It is not shown by the evidence to have existed, and will not be presumed. Section 559,…