McCarter
McCarter v. Zeller
Opinion
Lead Opinion
Lennon, J.
On February 4, 1912, the defendant, John A. Zeller, sold and delivered to the plaintiffs all the furniture, household goods, and personal property, stock of liquors, etc., then situate in the Palace Hotel, in the city of Napa, for the purchase-price of eight thousand dollars. Four thousand dollars was paid in cash and the balance was evidenced by au series of eleven joint and several promissory notes, all bearing interest at the rate of seven per cent per annum from February 4, 1913, executed and delivered by the defendants to the plaintiff, each for the sum of two hundred dollars, and one joint and several note for the sum of one thousand eight hundred dollars. All of these notes were secured by a chattel mortgage, dated February 4, 1913, whereby the personal property so sold and delivered by defendant to the plaintiffs, together with all furniture, household goods, provisions, supplies, and all personal property of every nature, which should thereafter be purchased, acquired, or owned by the mortgagees for use in the hotel business was thereby mortgaged to secure the payment of the said notes with interest and the performance of the covenants of the chattel mortgage. The…