Horner v. Stout
Supreme Court of Colorado
Error to District Court of El Paso County. Stout, the appellee, brought suit in attachment against Philip P. Corner and Henry M. Foster, and levied upon a portable saw mill. The appellant Horner interpleaded, claiming the property under a chattel mortgage previously executed and delivered to him by Comer.
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Error to District Court of El Paso County. Stout, the appellee, brought suit in attachment against Philip P. Corner and Henry M. Foster, and levied upon a portable saw mill. The appellant Horner interpleaded, claiming the property under a chattel mortgage previously executed and delivered to him by Comer. The chattel mortgage was not recorded until after the levy of the attachment, but the property when levied upon, was in the possession of Alva Gomel’ as the agent of the mortgagee. The cause was tried by the court, a jury being waived, and judgment rendered against Horner. To reverse that…
1Opinion of the CourtElbert, C. J.
There is bo question about the bona fieles of the transaction between Horner, the mortgagee, P. P. Gomer, the mortgagor, and Alva Gomer, the agent.
It was a plain business transaction, to which jio circumstance of suspicion attaches. There was a loan by Horner to P. P. Gomer, and a chattel mortgage to secure it. "While, by the terms of the mortgage, the chattels were to remain in the possession of the mortgagor, they were, in fact (owing to the necessity of removing the mill), delivered to Alva Gomer as the agent of the mortgagee. The transaction amounted to a mortgage of chattels, with…
2Cited by6 opinions
- Bogdon v. FortSupreme Court of Colorado · 1924
- J. D. Best & Co. v. Wolf Co.Supreme Court of Colorado · 1919
- Stitt v. Spengel House Furnishing Co.Supreme Court of Colorado · 1914
- Edinger v. GraceColorado Court of Appeals · 1896
- Walker v. MathisSupreme Court of Colorado · 1925
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