Kiser & Co. v. Carrollton Dry Goods Co.

A mercantile partnership composed of two members-being indebted to a bank upon a promissory note in the sum of $4,398, one of the partners, without the knowledge of the other, executed and delivered to the bank a mortgage containing itself a promise to pay the hank five thousand dollars, and, without, mentioning the note for $4,398, reciting that it was given to secure “the above note,” the mortgage covering “our entire stock of goods, consisting of dry goods, hats,” etc., etc., “ and all other *761merchandise kept for sale by us.” The mortgage on its face bore date one day earlier than the note…