Swink

Agriform Co. v. Swink

Good Law
155 F. Supp. 630·1957 U.S. Dist. LEXIS 2989
United States District Court, Southern District of CaliforniaOctober 11, 1957No. 4802-CCalifornia1,427 words

Opinion

lead Opinion

Carter, J.

This petition for review presents as a question of first impression, an interpretation of Section 2975 of the California Civil Code, and particularly the-last sentence thereof.

On December 8, 1953, the bankrupt, executed and delivered to Agriform, Inc., hereinafter called the petitioner, a crop and chattel mortgage securing a promissory note in the principal sum of $27,-314.96. The mortgage covered growing-crops then “standing, planted, grown or-raised during the crop years of 1953 to 1954, and during any subsequent crop-year until the satisfaction of this mortgage * * * ”. It also described certain personal property including two tractors. The mortgage expressly stated, that it was given to secure the promissory note referred to “and also as security for the discharge and performance of; *631 all obligations and promises by the said mortgagor herein contained.” One of said promises was as follows: “The said mortgagors promise that they will attend to, care for and protect the aforesaid crops until the same shall be ready for harvesting and then shall harvest and prepare the same for market * * *» cr0p an¿ chattel mortgage was duly recorded on December 9, 1953, in Imperial County…

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