17 Wash. 185 | Wash. | 1897
The opinion of the court was delivered hy
The appellants are the successors in interest of themselves and one Frye, who with their wives executed a lease of a hotel and certain furniture therein to Dodge & Smith, as copartners. The lease also contained a chattel mortgage whereby said Dodge & Smith, to secure the payment of the rent stipulated in the lease, mortgaged certain furniture which they had at the time in the building. It also contained a further provision that the mortgage should cover all furniture thereafter put in hy them. Dodge & Smith conducted a hotel under the terms of the lease for some time thereafter, when the partnership ex
There is a serious question as to whether the mortgage given by the partnership could be held to cover the individual goods of one of the partners, although placed in the building and used in the business as these were. But even if it was sufficient as a basis for, or to create, a lien upon the property in question in favor of the appellants as against Dodge, we do not think the same rule should follow as against his creditors, particularly the preferred claimants. It is conceded that they had no actual knowledge of the
We are of the opinion that the decision of the lower court was right in finding that no lien under the mortgage could be had upon the property in question as against the claims of these laborers, and that is the only question necessary to pass upon here.
Affirmed.
Reavis, Anders, Dunbar and Gordon, JJ., concur.