State Bank of Ramona v. Clelland

JAMES, J.

This appeal is taken by the plaintiff from an adverse judgment and is presented by the alternative method of appeal.

Defendant Clelland resided in the county of San Diego and was engaged in the business of farming and bee-keeping. Being indebted to the plaintiff bank, he executed a chattel mortgage covering a number of animals and various kinds of machinery and implements, including those connected with his business as bee-keeper. Among the property described was the following: “All my bees, bee material and implements and hives and produce of bees.” In the year 1915 a quantity of honey in excess of the value of three hundred dollars was sold by Clelland to the defendant Produce Company. Plaintiff, contending that this honey was subject to the lien of the chattel mortgage, brought this action to recover the value of the honey and incidental damages. The trial judge, in determining the facts, made the following finding: ‘‘That the defendant, F. G. Clelland, during the months of June, July, August and September, 1915, sold to the defendant, Coast Produce Company, honey of the market value of three hundred seventy-four and 07/100 dollars; that the evidence fails to show that said honey was honey previously mortgaged by the chattel mortgage herein mentioned, that said sale was without the knowledge and consent of plaintiff, but that said plaintiff was not damaged in the sum of three hundred seventy-five dollars, or any other sum, or at all by said sale, ...” Counsel for appellant first contend that by this finding it was the purpose of the court to determine that honey to be produced by the mortgagor after the date of the mortgage was not, under the statute, included under the lien of the mortgage. We agree with the appellant that the statute does permit the mortgaging of any personal property which may have a potential existence at the time of the creation of the mortgage.

(Arques

v.

Wasson,

51 Cal. 620, [21 Am. Rep. 718] ;

Wilkerson

v.

Thorp,

128 Cal. 221, [60 Pac. 679].) The statute (Civ. Code, see. 2955), formerly contained an enumera

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