Binnian v. Baker

The opinion of the court was delivered by

Dunbar, C. J.

On August 23, 1890, one Taylor borrowed of Henry Binnian, respondent herein, the sum of $335, for which he gave his promissory note, and.to secure the payment of said sum. executed and delivered to • respondent a chattel mortgage on a certain lot of horses. *51Subsequently he mortgaged the same horses to A. J. Baker, appellant herein. Baker sold the horses in accordance with the terms of his mortgage, and bought them in at the sale. Binnian then brought his action against Baker to recover damages alleged to have been sustained by plaintiff…