Kruger
Kruger v. Vernon
Opinion
Lead Opinion
Finlayson, J.
This is an action to foreclose a chattel mortgage given to secure a promissory note for the principal sum of $150. The appeal is by the defendants George T. and Zoe Vernon. The action was begun by Lillian M.. Mann, who departed this life subsequently to the appeal but prior to the submission of the case here. The administratrix of her estate has been substituted in this court. Because it will conduce to brevity, we shall refer to the decedent, throughout this opinion, either as the “plaintiff” or as the “respondent,” notwithstanding her death and the substitution of her personal representative.
On January 10, 1917, at San Diego, the defendant Anna Archer loaned the Vernons the sum of $150 and took from the latter their promissory note for that amount payable to her order three months after date. To secure payment of the note, and contemporaneously with its execution, the Vernons executed a chattel mortgage to Mrs. Archer. The property mortgaged consisted of a piano, certain household furniture, a watch and a diamond ring. The mortgage expressly declares that all of the mortgaged property is “located and contained in and about the premises at No. 3536 Grim Street, San Diego,…