Wood

Action for the conversion of mortgaged property. The appeal is from a judgment of dismissal entered upon sustaining defendant’s demurrer to the complaint.

It appears from the complaint that on July 1, 1915, one Bertha M. Dailey was the owner of an automobile of the value of $850, which she mortgaged to the plaintiff to secure payment of her promissory note in the sum of three hundred dollars; that at said time, and ever since, the automobile was and has been in the possession of defendant, who at all times mentioned had no right, title, or interest in the same and was not entitled to its possession; that after default in the payment of the note plaintiff, by a writing sufficient in form and substance, demanded delivery of the possession of the chattel, which demand was by defendant refused. By the terms of the mortgage, the plaintiff, on default by the debtor, was entitled to possession of the mortgaged property.

One who converts personal property which is subject to a. chattel mortgage is liable to the mortgagee for the full amount due under the mortgage. (De Costa v. Comfort, 80 Cal. 507 , [ 22 Pac. 218 ].) Respondent, while conceding the correctness of this proposition,…