Mutual Investment Co. v. Walton Machine Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Blake, J., entered May 8, 1915, dismissing an action to foreclose a chattel mortgage, tried to the court.
1Opinion of the CourtMount, J.
This action was brought to foreclose an alleged chattel mortgage against the Walton Machine Company, a corporation, and W. F. Downie, its receiver.
*299The facts are not in dispute. It appears that, in April, 1910, the Walton Machine Company executed a lease which also contained provisions of a chattel mortgage, in favor of the Mutual Investment Company. It is conceded that this mortgage did not contain the affidavit of good faith required by Rem. & Bal. Code, § 3660 (P. C. 349 § 3). Thereafter the Walton Machine Company became insolvent, and W. F. Downie was appointed receiver and took possession…
2Cases cited13 opinions
- Heal v. Evans Creek Coal & Coke Co.Washington Supreme Court · 1912
- Pacific Coast Biscuit Co. v. PerryWashington Supreme Court · 1914
- Smith v. AllenWashington Supreme Court · 1914
- Watson v. First National Bank of ClarkstonWashington Supreme Court · 1914
- Hicks v. National Surety Co.Washington Supreme Court · 1908
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3Cited by2 opinions
- Rice v. City of ColumbiaSupreme Court of South Carolina · 1928
- Bank of Commerce v. Kelpine Products Corp. of AmericaWashington Supreme Court · 1932