Legal Opinion
Levitch v. Link
Washington Supreme Court
Decided April 13, 1917No. 13903PublishedCited by 6 opinions
Appeal from a judgment of the superior court for Spokane county, Blake, J., entered November 22, 1916, upon findings in favor of the defendants, in an action to foreclose a chattel mortgage, tried to the court.
1Opinion of the Court
Chadwick, J. —
The question in this case is whether a chattel mortgage, prior in time, outranks a livery-stable keeper’s lien subsequently acquired. Respondents admit the general rule but claim the benefit of the exceptions noted in 25 Cyc. 1509 and 1510:
“By the weight of authority the lien of the livery-stable keeper on a horse kept by him is, in the absence of legislative intent to the contrary, subordinate to the lien of a prior re*640corded mortgage, unless the horse be delivered to the livery-stable keeper with the consent of the owner, express or implied.”
It is first insisted that the…
2Cases cited2 opinions
- Rothweiler v. Winton Motor Car Co.Washington Supreme Court · 1916
- National City Bank v. HendersonWashington Supreme Court · 1910
3Cited by6 opinions
- Brazier Forest Products, Inc. v. Northern Transport, Inc.Washington Supreme Court · 1986
- Loudon v. CooperWashington Supreme Court · 1940
- Cashmere Valley Bank v. Pacific Fruit & Produce Co.Washington Supreme Court · 1939
- First National Bank v. White-Dulany Co.Washington Supreme Court · 1922
- Bank of California v. American Fruit Growers, Inc.District Court, E.D. Washington · 1941
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