Bradner
Bradner v. Noesen
Opinion
lead Opinion
Jamison, J.
This action was brought by plaintiffs to recover judgment for rent, to foreclose a chattel mortgage, and to recover damages.
The facts upon which this action is founded are as follows: Plaintiff M. L. Bradner leased an unfurnished apartment house, containing sixty rooms, in Long Beach to defendants J. W. Noesen and Madeline Noesen, his wife, for a period of five years, beginning December 1, 1924, at a rental of $36,000, payable monthly in advance in installments of $600 per month. At the date of the execution of said lease the said Noesens also executed a note for the sum of $5,000, due on or before five years after date, secured by a chattel mortgage on certain personal property. This note and mortgage were given as security for the fulfillment of the terms and conditions of the lease on the part of the lessees.
On September 17, 1925, the said Noesen and wife assigned said lease to defendant Gay, who assumed said note and mortgage, plaintiffs assenting to said assignment without releasing the assignor. Under the same conditions said lease was successively assigned to defendant Hallam and to defendants Hall and Oster, and upon each of said assignments the property covered by the…