Wilson v. Voight
Supreme Court of Colorado
Appeal from County Court of Clear Creek County. In 1882 Voight was engaged in merchandising, renting a store-room for the purpose from Wilson. Upon dissolution of a partnership previously existing between Voight and Gferhardt, Voight retained the business, executing to Gerhardt for .the latter’s interest his promissory notes for some $500, and also, to secure- the same,, a chattel mortgage upon the fixtures, tools, implements, accounts due, and stock in trade.
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Appeal from County Court of Clear Creek County. In 1882 Voight was engaged in merchandising, renting a store-room for the purpose from Wilson. Upon dissolution of a partnership previously existing between Voight and Gferhardt, Voight retained the business, executing to Gerhardt for .the latter’s interest his promissory notes for some $500, and also, to secure- the same,, a chattel mortgage upon the fixtures, tools, implements, accounts due, and stock in trade. This mortgage was in proper form and duly executed, but was not recorded. It provided that Yoight should retain, use and enjoy the…
1Opinion of the CourtHelm, J.
A stock of merchandise constituted the larger part of the property covered by the chattel mortgage. The instrument contained a provision authorizing the mortgagor, until default, to retain the possession,-use and enjoyment of the property mortgaged. It is difficult to understand how the mortgagor could “use and enjoy” a stock of merchandise, without selling or disposing of the same. But we shall assume that the instrument contains no language affecting its validity. The testimony of the mortgagee himself establishes the following facts, viz.: That, after the mortgage was executed and…
2Cases cited8 opinions
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- In re the Trustees of the New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1865
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- People v. MartinSupreme Court of Colorado · 1894
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