Legal Opinion

Carr v. Bonthius

Washington Supreme Court

Decided April 27, 1914No. 11632PublishedCited by 8 opinions

Appeal from a judgment of the superior court for Lincoln county, Baske, J., entered January 8, 1913, upon findings in favor of the plaintiffs, in an action to foreclose a chattel mortgage, tried to the court.

1Opinion of the CourtMount, J.

This action was brought by the plaintiffs upon a promissory note, and to foreclose a chattel mortgage given as security therefor. The complaint is in the usual form. The answer of the defendant admitted the execution and delivery of the note and mortgage, and that the same had not been paid, but denied that there was anything due thereon. The defendant alleged affirmatively that the note and mortgage were obtained by fraud and misrepresentation, and were without consideration; and that, if there was any indebtedness thereon, the same was due. to the International Harvester Company of America…

2Cases cited2 opinions

  1. Seattle National Bank v. EmmonsWashington Supreme Court · 1897
  2. Warnock v. ItawisWashington Supreme Court · 1905

3Cited by8 opinions

  1. Sherwood v. WiseWashington Supreme Court · 1925
  2. Texas Co. v. SchriewerCourt of Appeals of Texas · 1931
  3. Bohan v. HarrisMontana Supreme Court · 1924
  4. Teufel v. WienirWashington Supreme Court · 1966
  5. Allen v. AllenWashington Supreme Court · 1917

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