Fenby v. Hunt

Citations

• 53 Wash. 127
• 101 P. 492
• 1909 Wash. LEXIS 1280

Syllabus

<p>Chattel Mortgages — Description of Property — Rights of Creditors — -Actual Notice. A prior creditor wbo bas actual notice of a chattel mortgage given by the judgment debtor to a third person, cannot set up insufficiency of the description in the chattel mortgage, and claim priority on attaching the property.</p> <p>Same — Record—Filing—Necessity. Under Laws 1899, p. 157, § 6, it is not necessary to record a chattel mortgage where the debt secured is less than $300, and filing in the auditor’s office within ten days after execution is sufficient, under Id., § 2.</p> <p>Same — Filing—Time-—Execution. A chattel mortgage “dated” December 9th, but not delivered until December 13th, is not “executed” until the latter date, and is filed within ten days from “execution” if filed December 21st.</p> <p>Same — Priority—Attachment. A chattel mortgage filed within ten days of execution, takes priority over an attachment levied after execution of the mortgage.</p> <p>Usury — Pleading—Defenses. Usury to be available as a defense-must be pleaded.</p> <p>Usury — Personal Defense. The defense of usury is personal to the debtor and cannot be set up by a creditor to gain priority over other creditors.</p> <p>Chattel Mortgages — Foreclosure—Attorney’s Fees — Amount. Where a note and chattel mortgage provided for the payment of “-dollars attorney’s fees,” it is not error to allow an attorney’s. fee in a sum admitted by opposite counsel at the trial to be a reasonable attorney’s fee.</p>