Sherlock

Sherlock v. Alturas State Bank

Good Law
1925 Cal. App. LEXIS 254·73 Cal. App. 391·238 P. 816
Court of Appeal of CaliforniaJune 25, 1925Docket No. 2833.California2,699 words

Opinion

Lead Opinion

Plummer, J.

This is an appeal by the defendants Alturas State Bank. A. Hafer and J. F. Hausen from a judgment in favor of the plaintiffs in an action brought against the defendants for the alleged conversion of 617 head of sheep belonging to the plaintiffs, taken and removed by the defendants from a larger band of sheep owned by said plaintiffs. It appears from the transcript that the plaintiff .anna Sherlock was the owner of a certain band of sheep numbering some sixteen hundred head, running and being in the county of Modoc, in the state of California. On or about the fifth day of November, 1921, the plaintiffs made and executed a certain promissory note payable to the defendant Alturas State Bank, in the sum of $8,500, payable 'eight months after date, bearing interest at the rate of eight per cent per annum. At the same time and to secure the payment thereof, the plaintiffs executed a certain chattel mortgage covering said band of sheep, and the increase thereof, and delivered the same to the defendant Alturas State Bank. No question is raised as to the sufficiency and regularity of said mortgage. The mortgage is in the usual form and, among other things, contains the following…

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