Kastner v. Fashion Livery Co.
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fourth Judicial District in and for the County of Yavapai. Bichard E. Sloan, Judge. The facts are stated in the opinion. The term “hereafter being used” covered after-acquired, property. Etheridge v. Sperry, 139 XJ. S. 266, 11 Sup. Ct. 565, 35 L. Ed. 171; Morton v. Williamson, 72 Ark. 390, 81 S. W. 236. The nature of the property and not the form of the instrument determines the rule of law applicable to it.
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APPEAL from a judgment of the District Court of the Fourth Judicial District in and for the County of Yavapai. Bichard E. Sloan, Judge. The facts are stated in the opinion. The term “hereafter being used” covered after-acquired, property. Etheridge v. Sperry, 139 XJ. S. 266, 11 Sup. Ct. 565, 35 L. Ed. 171; Morton v. Williamson, 72 Ark. 390, 81 S. W. 236. The nature of the property and not the form of the instrument determines the rule of law applicable to it. The intention of the parties is what governs interpretation of the instrument. Cobbey on Chattel Mortgages, sec. 12. A mortgage must be…
1Opinion of the CourtNave, J.
Peter L. Kastner brought suit against the
Fashion Livery Company and others to foreclose a chattel mortgage. From a judgment in his favor granting him inadequate relief, as he contends, plaintiff has appealed, seeking to have the judgment extended in its scope.
There are but two questions involved in the case: 1. Whether the mortgage in question by its terms covers after-acquired property; 2. Whether the plaintiff is entitled to personal judgment against the Fashion Livery Company.
The portion of the mortgage which must be construed reads as follows: “That the said mortgagor mortgages to the…
2Cases cited2 opinions
- Johns v. WilsonSupreme Court of the United States · 1901
- Johns v. WilsonArizona Supreme Court · 1898
3Cited by5 opinions
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- Hivick v. Oklahoma-Colorado Oil & Gas Co.Supreme Court of Oklahoma · 1923
- Schatt-Ajax Industries v. ChurchillCourt of Appeals of Arizona · 1966