Marchand v. Ronaghan

Citations

• 9 Idaho 95
• 72 P. 731
• 1903 Ida. LEXIS 12

Syllabus

<p>Chattel Mortgage — Affidavit of Good Faith — Conversion of Mortgaged Property — Evidence Examined.</p> <p>1. Failure to accompany a chattel mortgage with affidavit that it “was made in good faith and without any design to hinder, delay or defraud creditors,” as provided in section 3386, Revised Statutes, does not invalidate mortgage as between mortgagor and mortgagee.</p> <p>2. Whenever the mortgagee takes possession of and sells any of the property covered by his mortgage in any other manner than that provided by statute, he is guilty of conversion and becomes liable to the mortgagor the same as anyone else who converts property to. his own use.</p> <p>. 3. Evidence examined and held not sufficient #to support the finding as to the amount still due on mortgage indebtedness.</p> <p>(Syllabus by the court.)</p>