Legal Opinion

Warren v. His Creditors

Washington Supreme Court

Decided November 2, 1891No. 258PublishedCited by 9 opinions

Appeal from Superior Court, Thurston County. On the 5th day of December, 1889, Reuben W. Warren, who was then the owner of a general store and doing a general retail business at Bucoda, Washington, being indebted to certain business men and jobbers of Portland, Oregon, gave them his notes for $1,600 as security for the indebtedness, indorsed by his brother, Moses Warren.

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Appeal from Superior Court, Thurston County. On the 5th day of December, 1889, Reuben W. Warren, who was then the owner of a general store and doing a general retail business at Bucoda, Washington, being indebted to certain business men and jobbers of Portland, Oregon, gave them his notes for $1,600 as security for the indebtedness, indorsed by his brother, Moses Warren. In order to secure Moses Warren against loss by reason of his indorsement of these notes, he gave to Moses, on the same day, three promissory notes and a chattel mortgage of his stock of goods, securing the same. These notes…

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

The sole question involved in this case is as to the validity of two certain mortgages made by Reuben W. Warren on his stock of merchandise situated in his store at Bucoda, in this county. On this question counsel for the respective parties have entered into a general discussion as to the construction to be given by the courts of this state to chattel mortgages by the terms of which the mortgagors are allowed to retain possession and continue to make sales in the ordinary course of business, for the benefit of the business or of the mortgagor.…

2Cited by9 opinions

  1. Benham v. HamWashington Supreme Court · 1892
  2. Keyes v. SabinWashington Supreme Court · 1918
  3. Samuel v. KittengerWashington Supreme Court · 1893
  4. Pulliam v. PulliamUnited States Circuit Court · 1881
  5. Westgrove Savings Bank v. Osa DunlavySupreme Court of Iowa · 1921

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