Heermans v. Blakeslee

Citations

• 93 Wash. 595
• 161 P. 489
• 1916 Wash. LEXIS 1253

Syllabus

<p>Chattel Mortgages — Assignments to Secure Debt — Necessity of Affidavit of Good Faith and Recording. A chattel mortgage is created by assignments of the “present and future earnings and income” of a water works company, “as security for payments and advances” made or to be made by the assignee, where the assignee’s rights thereunder are referred to as “liens hereby created,” making the same security for a debt which is to continue to exist until paid, with interest; and hence the same are inferior to the lien of subsequent writs of garnishment, and void as to creditors, unless accompanied by an affidavit of good faith and recorded as required by Rem. & Bal. Code, § 3660.</p> <p>Chattel Mortgages — Property Subject — Chose in Action — Statutes. The earnings and income of a public service water company are subject to chattel mortgage, under Rem. & Bal. Code, § 3659, providing that mortgages may be made “upon all kinds of personal property and upon . . .” rolling stock, all kinds of machinery and upon boats and vessels, . . . and such like property, and</p> <p>growing crops, etc.; since the general words are not limited by the subsequent enumeration of particular things some of which are not included in the general terms.</p>