Legal Opinion

Van Winkle v. Mitchum

Washington Supreme Court

Decided December 20, 1911No. 9511PublishedCited by 4 opinions

Appeal from a judgment of the superior court for Lincoln county, Neal, J., entered January 6, 1911, in favor of the defendants, dismissing an action to set aside a chattel mortgage foreclosure and sale, as a fraud upon creditors of an insolvent corporation, upon sustaining a demurrer to the complaint.

1Opinion of the CourtDunbar, C. J.

The complaint, to which a demurrer was sustained, alleged in substance that Mitchum, Green, and Adams, as copartners, were conducting a bank under the name of Bank of Harrington; that the insolvent corporation for which appellant was appointed' receiver gave the said *297Bank of Harrington a chattel mortgage of all its personal property, which mortgage was afterwards recorded in the proper county, but that neither the original chattel mortgage nor a copy of it was left on file in the office of the county auditor; that the creditors named in the complaint as having presented their claims to the…

2Cases cited1 opinion

  1. Ephraim v. KelleherWashington Supreme Court · 1892

3Cited by4 opinions

  1. Keyes v. SabinWashington Supreme Court · 1918
  2. Miller v. ScarbroughWashington Supreme Court · 1919
  3. Nason & Co. v. StackWashington Supreme Court · 1914
  4. Simpson v. CombesWashington Supreme Court · 1919

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