Adlard
Adlard v. Rodgers
Opinion
lead Opinion
Searls, J.
This is an action for the specific recovery of certain personal property, to wit: a steam-boiler, engine, washing-machine,-and other articles used in a steam laundry, by plaintiff, as a mortgagee under a chattel mortgage, against the defendant, who justified his seizure and taking thereof as a constable under a writ of attachment issued in an action against the mortgagors and their assigns.
Defendant had judgment. Plaintiff prosecutes this appeal from the judgment and from an order denying his motion for a new trial. *
*330 On the fifteenth day of August, 1893, John W. Mussel-man, Ed M. Doyle, Charles A. Cronan, and Marvin P. Elmore were copartners in conducting the laundry business in the city of Los Angeles, under the firm name of the “ Peerless Steam Laundry.”
On the day last mentioned they executed and delivered to Thomas K. Adlard, the plaintiff herein, a chattel mortgage upon the boiler, engine, washing-machine and other machines and appliances in the laundry to secure the payment of three promissory notes of even date with the mortgage, aggregating five hundred dollars (and being given in part payment of the purchase price of said laundry), and payable at three, six, and…