Legal Opinion

Malmo v. Washington Rendering & Fertilizing Co.

Washington Supreme Court

Decided May 8, 1914No. 11607PublishedCited by 13 opinions

Appeal from a judgment of the superior court for King county, Smith, J., entered September 15, 1913, upon findings in favor of a receiver, upon a trial to the court, in an action on contract.

1Opinion of the CourtMorris, J.

The question here submitted is whether or not an unrecorded conditional sale contract is good as against a receiver representing subsequent general creditors. Our statute, Rem. & Bal. Code, § 3670 (P. C. 349 § 35), provides that contracts of this character, where the property is placed in the possession of the vendee, shall be absolute as to subse*535quent creditors in good faith, unless, within ten days after taking possession, a memorandum of the sale be filed in the auditor’s office of the county where the vendee resides. The vendee in this instance was a corporation having its principal place…

2Cases cited15 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
  3. Holt v. Crucible Steel Co. of AmericaSupreme Court of the United States · 1912
  4. In re Great Western Mfg. Co.Court of Appeals for the Eighth Circuit · 1907
  5. Heal v. Evans Creek Coal & Coke Co.Washington Supreme Court · 1912

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3Cited by13 opinions

  1. Keyes v. SabinWashington Supreme Court · 1918
  2. Lahn Simmons v. Matzen Woolen MillsWashington Supreme Court · 1928
  3. State v. BrummettWashington Supreme Court · 1917
  4. Jennings v. SchwartzWashington Supreme Court · 1915
  5. Weber Showcase & Fixture Co. v. WaughDistrict Court, W.D. Washington · 1930

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