Puget Sound Realty Associates v. Catlett

Citations

• 83 Wash. 495
• 145 P. 617
• 1915 Wash. LEXIS 721

Syllabus

<p>Chatted Mortgages — Contract Creditors •— Defective Registration — Priorities. Where a chattel mortgage is a valid and subsisting lien as between the parties thereto, simple contract creditors who dealt with the mortgagor cannot urge a superior equity by reason of slight imperfections in the records of instruments resulting from a change of the name of the mortgagor from The Blackwell Hotel Company to Blackwell Hotel Company,, unless they show that they were actually misled by reason of such imperfections.</p> <p>Same — Misrepresentations of Mortgagor. Representations by a mortgagor to creditors that his personal property is free from lien are not binding on the mortgagee when not authorized by him.</p> <p>Appeal and Error — Harmless Error — Allowance of Damages. Although damages in the sum of $4,000 for detention of premises beyond the term of lease may be excessive, its allowance is without prejudice in an action for rent and the foreclosure of a chattel mortgage on the lessee’s furniture, where the property on sale brought less than the rent actually due.</p>