San Francisco Breweries v. Schurtz
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County. The facts are stated in the opinion. The court erred, in overruling the demurrer to the complaint, as the mortgage covers furniture and other articles alleged to be in a saloon which are not subject to mortgage. (GassnerY.
Read the full summary
Appeal from a judgment of the Superior Court of Los Angeles County. The facts are stated in the opinion. The court erred, in overruling the demurrer to the complaint, as the mortgage covers furniture and other articles alleged to be in a saloon which are not subject to mortgage. (GassnerY. Patterson, 23 Cal. 299; Stringer v. Davis, 30 Cal. 318.) Even if some of the articles were the proper subject of a mortgage, yet, inasmuch as there was included property not subject thereto, the mortgage is void in toto. (Dufficy v. Shields, 63 Cal. 332.) Chattel mortgages are void unless made in strict…
1Opinion of the Court
Belcher, C.
The defendant, Joseph Schurtz, had a lease for. the term of four years and two months, dated October 5, 1889, of the basement of a building known as the Wilson block, in the city of Los Angeles. He used the leased premises for the purposes of a saloon and *425restaurant, and bad caused to be attached to them certain personal property used in conducting his business.
On June 25, 1891, he executed to the plaintiff his promissory notes for sums aggregating four thousand five hundred dollars, and a mortgage to secure payment of the notes on his said leasehold estate and on all fixtures,…
2Cases cited8 opinions
- Tregear v. Etiwanda Water Co.California Supreme Court · 1888
- McNally v. ConnollyCalifornia Supreme Court · 1886
- Consol. Nat'l Bank v. Pac. Coast S.S. Co.California Supreme Court · 1892
- Boyle Ice Machine Co. v. GouldCalifornia Supreme Court · 1887
- In re FischerCalifornia Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re the Guardianship of CoburnCalifornia Supreme Court · 1913
- Trabue Pittman Corp. v. County of Los AngelesCalifornia Supreme Court · 1946
- City of Los Angeles v. HughesCalifornia Supreme Court · 1927
- Eatwell v. BeckCalifornia Supreme Court · 1953
- Old Settlers Investment Co. v. WhiteCalifornia Supreme Court · 1910
11 more not listed; retrieve them via the Exa API.