Thomas v. Grote-Rankin Co.

Citations

• 75 Wash. 280
• 134 P. 919
• 1913 Wash. LEXIS 2220

Syllabus

<p>Sales — Bona Fide Purchaser •— Payment op Antecedent Debt. The consideration for a transfer of furniture was an antecedent debt, so that the vendee was not a hona fide purchaser for value, where it appears that the transfer was made in a settlement between the parties, that the vendors were at the time indebted to the vendee in a large sum, that after accepting notes and a mortgage for $20,-575, there remained a balance on the indebtedness amounting to $3,465.51, and the vendee’s bookkeeper testified that the furniture was taken for such balance.</p> <p>Landlord and Tenant — Lien for Rent — Priority—Subsequent Purchasers. A landlord’s lien for rents, reserved in the lease upon all furniture brought upon the premises, valid as between the parties but not recorded as a chattel mortgage, is superior to the rights of' a subsequent purchaser without notice, where such purchaser took in consideration of an antecedent debt and was, therefore, not an incumbrancer or subsequent purchaser for value, within the meaning of the recording acts.</p> <p>Same — Rent—Waiver—Taking Other Security. A landlord’s lien for rent, reserved in a lease upon furniture brought upon the premises, is not waived by the taking of additional security in the form of a chattel mortgage.</p>