German-American State Bank v. Seattle Grain Co.

Citations

• 89 Wash. 376
• 154 P. 443
• 1916 Wash. LEXIS 686

Syllabus

<p>Chattel Mortgages — Crops—Foreclosure—Necessary Parties— Conversion: — Liability. One who converts a portion of a mortgaged crop of wheat by commingling it with other wheat is not a necessary party to an action to foreclose the chattel mortgage on the crop, and in case of a deficiency judgment, is liable for the conversion, although not made a party to the foreclosure action.</p> <p>Same — Foreclosure—Judgment. Judgment for the debt in the foreclosure action did not operate as a release or waiver of the security.</p> <p>Same — Crops — Conversion — Lien op Mortgage ■ — ■ Subsequent Equities. In such a case, it is no defense that the converted wheat was taken in payment for sacks furnished for the harvest of the crop, which was equitably bound for the sack account, as against the recorded lien of the chattel mortgage.</p>