In re Driscoll

This voluntary bankruptcy proceeding is here upon petition for review of an order of the referee, filed May 17, 1954, declaring void as against the trustee in bankruptcy an otherwise valid chattel mortgage of the bankrupt in favor of the petitioner, for the sole reason “that said chattel mortgage failed to state the location of the;'property referred to therein * *

The chattel mortgage is in substantially the form and language prescribed by the statute, Cal.Civ. Code § 2956, and reads in pertinent part: “This Mortgage, Made this 3rd day of August, 1953 By Herbert E. Driscoll of •-, County of Los Angeles, State of California, Mortgagor, To John L. Minton of -, County of Los Angeles, State of California, Mortgagee, Witnesseth: That the Mortgagor mortgages to the Mortgagee all that certain personal property situated and described as follows, to-wit:”

A number of items of restaurant equipment are then listed, in many instances with the serial number, model number, manufacturer’s name, dimensions, color, and material of which constructed. The fourth item, for example, is described as: “1 Multiple Malt Mixer with Dispenser Model No. 9B3, Serial No. 33907.” No location other than the…