Utah Supreme Court February 26, 1904, No. 1509 (Johnson v. Hibbard)

BARTCH, J.

This a suit to foreclose a chattel mortgage which was given to secure the payment of a promissory note of even date therewith. The complaint, among other things, alleges that on July 26, 1902, the note and mortgage were made and delivered by the defendant to Herman Spenst, the payee; that afterwards the payee, before maturity, for a valuable consideration, assigned and delivered the