123 Wash. 167 | Wash. | 1923
This case is for the conversion of certain personal property in which appellant claims an interest by virtue of a certain chattel mortgage, dated September 21, 1918, given by one Lane to secure an indebtedness from him to the appellant of $5,000.
The chattel mortgage also included other personal property, including some livestock and farm machinery. The chattel mortgage was regular in all respects, and was properly filed in the office of the auditor of
From the adverse judgment against it, appellant brought the case here on findings, conclusions and judgment of the trial court, bringing no statement of facts. The findings of the trial court are very full and cqmplete.
. Respondent defended in the court below,, and defends the judgment here, upon the ground' that, although the conditional sale contract was ineffective as against appellant, yet it .was valid as between Lane and respondent, and that the chattel mortgage was ineffective ás.against the respondent, since it was a chattel, mortgage upon a shifting stock of merchandise and was therefore void as to creditors, because
The trial court made the following finding, in part:
“Both prior thereto and subsequent to the exeeu-. tion of the said mortgage, H. G-. Lane carried on a retail hardware and implement business at Eltopia, Washington, and the property above described was held under a conditional sáles contract by Lane from the defendant herein, and was a part of the stock in trade of the said Lane; that while the amount of business transacted by the said Lane at the time of the execution of said mortgage and subsequent thereto was not extensive, the said Lane was engaged in a retail hardware and implement business, and disposed of a portion of the mortgaged property in the usual course of trade; that said mottgáge given to the plaintiff herein by the • said Lane covered a general stock of merchandise of' which the mortgagor was left in possession with power to dispose of the same in the usual course of trade without any agreement either oral or written to apply the proceeds, or any part thereof, to the satisfaction of the mortgage indebtedness ; that none of the proceeds arising from the sale of the mortgaged property in the usual course of trade was applied in satisfaction or payment of said mortgage indebtedness.”
Further findings are to the effect that Lane failed to pay respondent the purchase price of the property involved herein, and under a written order or consent of Lane, respondent retook the eight farm wagons and four grain tanks, and that thereafter Lane went'into bankruptcy. It is also found that the wagons were in a knoeked-down condition and constituted a portion of the general stock in trade of Lane. The court also found that respondent was, at all times mentioned' in the pleadings, the owner Of the eight wagons and four
The judgment is therefore affirmed.