Yost v. Commercial Bank

Citations

• 94 Cal. 494
• 29 P. 858
• 1892 Cal. LEXIS 714

Syllabus

<p>Chattel Mortgage— Certificate of Mortgagee — Signature by Secretary of Bank. — Where the certificate required, by section 2957 of the Civil Code to a chattel mortgage on the part of the mortgagee showed in its body that the secretary who signed the certificate was secretary of the bank named therein as mortgagee, the signature of his name with the word “ secretary ” alone appended is not defective.</p> <p>Id. — Mortgage on Crop by Lessee — Claim and Delivery — Insolvency — Assignee of Copartners — Ratification by Silent Partner — Finding Probative Facts. — Where the ratification by a silent copartner of a chattel mortgage executed upon a crop by a lessee of the land is sufficiently pleaded as a defense to an action of claim and delivery by an assignee in insolvency of both copartners, and the probative facts found follow the pleading, from which the ultimate fact of such ratification prior to the assignment in insolvency by the copartners must necessarily be inferred, the finding is within the issues, and is sufficient to support a judgment sustaining the mortgage as against the assignee in insolvency.</p> <p>Pleading—Description of Note and Mortgage — Reference to Separate Defense. — Where a note and mortgage are fully set out and described in one defense of an answer, they may be referred to in a separate defense as having been set out in the preceding defense, without the necessity of repetition of their contents.</p>