Peabody v. Leong Yen

Citations

• 26 Haw. 63
• 1921 Haw. LEXIS 6

Syllabus

<p>Chattel Mortgage—effect of where mortgagor retains possession.</p> <p>In this jurisdiction a chattel mortgage, the mortgagor remaining in possession, does not transfer the title to the mortgagee—it merely gives the mortgagee security upon the property.</p> <p>Landlord and Tenant—covenant against assignment—effect of mortgage.</p> <p>A covenant against assignment contained in a lease is not broken by the execution of a mortgage covering the leasehold property where the mortgagor retains possession of the property.</p>