Legal Opinion
Metheny v. Davis
California Court of Appeal
Decided July 7, 1930No. Docket No. 252PublishedCited by 15 opinions
1Opinion of the CourtCary, P. J.
The proceeds from a sale of personal property mortgaged to secure the payment of a promissory note not being sufficient to pay the mortgage debt in full, this action was brought to recover the balance.
Defendants executed to plaintiff’s assignor the note in question payable in installments and secured by a chattel mortgage on furniture. The mortgage contained the following provision:
“That if the mortgagor shall fail to make any payment as in said promissory note provided, then the mortgagee may take possession of the said property, using all necessary force so to do, and may immediately…
2Cases cited10 opinions
- Barbieri v. RamelliCalifornia Supreme Court · 1890
- Blodgett v. RheinschildCalifornia Court of Appeal · 1922
- Loughborough v. McNevinCalifornia Supreme Court · 1887
- Rein v. CallawayIdaho Supreme Court · 1901
- First Nat. Bank of Pocatello v. PolingIdaho Supreme Court · 1926
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Atlas Thrift Co. v. HoranCalifornia Court of Appeal · 1972
- Baldwin v. Marina City Properties, Inc.California Court of Appeal · 1978
- In the Matter of Earl L. Carter, D/B/A Highland Farms, Bankrupt. Wells Fargo Bank v. Earl L. Carter, D/B/A Highland Farms, Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1975
- Kee v. BeckerCalifornia Court of Appeal · 1942
- Veterans Loan Authority v. WilkNew Jersey Superior Court Appellate Division · 1960
10 more not listed; retrieve them via the Exa API.