Byrd v. Forbes
Washington Territory
Error to the District Court holding terms at Tacoma. Second District. The complaint alleged that on January 2, 1885, plaintiff, John Forbes, was owner of and in possession of a stock of merchandise, and that on that day plaintiff agreed with one Harris, a merchant engaged in business, that the latter should remove the stock to his place of business, and sell the same as’ plaintiff’s agent, accounting to plaintiff for the proceeds from month to> month, until two thousand…
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Error to the District Court holding terms at Tacoma. Second District. The complaint alleged that on January 2, 1885, plaintiff, John Forbes, was owner of and in possession of a stock of merchandise, and that on that day plaintiff agreed with one Harris, a merchant engaged in business, that the latter should remove the stock to his place of business, and sell the same as’ plaintiff’s agent, accounting to plaintiff for the proceeds from month to> month, until two thousand dollars and interest was paid to plaintiff, after which the remaining stock should be Harris’s property. Harris was to give…
1Opinion of the CourtChief Justice Greene
It is not disputed but that under the statutes of this territory the interest of a mortgagor in mortgaged personal property is subject to attachment. Liability of his interest to be attached exists even in states where the mortgage operates to pass to the mortgagee the title to the goods. (Hull v. Carnley, 11 N. Y. 501.) A fortiori, such liability obtains under our statutes, which clearly will not consist with any other doctrine than that a chattel mortgage is a mere security under which no title can possibly pass except by foreclosure and sale. Such a mortgage is defined as to its nature and…
2Cases cited4 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Hall v. . SampsonNew York Court of Appeals · 1866
- Dexter Horton & Co. v. LongWashington Supreme Court · 1891
- Hull v. . CarnleyNew York Court of Appeals · 1854
3Cited by9 opinions
- Keyes v. SabinWashington Supreme Court · 1918
- Miller v. ScarbroughWashington Supreme Court · 1919
- Leopold v. SilvermanMontana Supreme Court · 1888
- Silsby v. AldridgeWashington Supreme Court · 1890
- Parks v. Yakima Valley Production Credit Ass'nWashington Supreme Court · 1938
4 more not listed; retrieve them via the Exa API.