Charles P. Kellogg Co. v. Horkey

In 1896 the plaintiff sold and delivered to one Joseph Horkey clothing to the value of about $1,000. Subsequently Horkey executed chattel mortgages on his whole stock of goods, including a portion of those sold him by plaintiff (the remainder having been sold in the usual course of business), to the defendants, the Security Bank, and Henry E. Bonesteel. The mortgage to the bank was for over $3,000, all but' $1,126.34 of which was an indebtedness incurred prior to the making of such mortgage. Bonesteel’s mortgage was given to secure a preexisting debt, wholly. Some time afterwards the bank and…