Reno v. A. L. Boyden Co.

Prior to June 1, 1926, plaintiff and defendant Passel owned together a certain apiary and equipment pertaining thereto, located in San Bernardino County, also some honey and wax at the apiary and certain honey stored with the defendant A. L. Boyden Company in Los Angeles County. Apparently about that date plaintiff sold his half interest in the apiary, equipment, wax and honéy to Fassel, who executed and delivered his promissory note in the sum of $4,500 therefor, and also executed and delivered a chattel mortgage covering said personal property to secure said note, dated June 1, 1926, but actually executed and acknowledged July 6, 1926, and recorded in Los Angeles County July 9, 1926, ami in San Bernardino County August 3d of that year. A portion of the honey stored with defendant company was sold by defendant Fassel to said A. L. Boy-den Company after the recording of said mortgage in Los Angeles County, and suit was brought by plaintiff against both to recover damages alleged to have been sustained by reason of said sale. The case was tried before the court, a jury having been waived, and at the close of plaintiff’s evidence motion was made by each defendant for nonsuit on the…