Van Winkle v. Mitchum

Citations

• 66 Wash. 296
• 119 P. 748
• 1911 Wash. LEXIS 1059

Syllabus

<p>Chattel Mortgages — Filing and Recording —• Statutes — Construction. Under Rem. & Bal. Code, § 3661, requiring chattel mortgages to be “filed” with and indexed by the county auditor and that they shall “remain on file for the inspection of the public,” and § 3665, providing that chattel mortgages to secure the sum of $300 may be “recorded” and indexed with like force and effect as if this act had not been passed, but that they shall “also be filed and indexed as required by this act,” a chattel mortgage for over $300, if recorded, need not remain on file, in order to give notice thereof to creditors of the mortgagor.</p> <p>Chattel Mortgages — Stock oe Goods — Possession and Sales by Mortgagor — Fraud Upon Creditors. A chattel mortgage of a stock of goods which permits the mortgagor to remain in possession, and by contemporaneous parol agreement to sell goods for the purpose of replenishing his stock and paying expenses instead of applying all of the proceeds to the payment of the mortgage debt, is not fraudulent as to creditors unless it was given for the purpose of aiding the mortgagee to accomplish that purpose.</p>