Dynan v. Gallinatti
California Court of Appeal
197 P.2d 391 (1948)
- Written by Tammy Boggs, JD
Facts
During the marriage of Mack Gallinatti and Edith Gallinatti (defendant), Mack obtained a loan of money from financers (plaintiffs) by mortgaging the Gallinatis’ household furniture and furnishings (the chattel mortgage). Mack signed his name and forged Edith’s signature on the chattel-mortgage documents. Edith had no knowledge of the mortgage and did not consent to it. Shortly thereafter, Mack died. One day later, the chattel mortgage was recorded. Edith, as executrix of Mack’s will, allowed the financers’ claim against Mack’s estate on an unsecured basis but not as secured by the household furniture. The financers sued Edith to foreclose on the mortgaged property. It was undisputed that Edith had no knowledge of the chattel mortgage until the day after Mack’s death. The trial court ruled in the financers’ favor. Edith appealed.
Rule of Law
Issue
Holding and Reasoning (Nourse, C.J.)
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