WALL INV. CO. v. GARDEN GATE DISTRIBUTING

No. 15766.

593 P.2d 542 (1979)

WALL INVESTMENT COMPANY, a limited partnership, with Gordon Goodsell, general partner, Plaintiff and Respondent, v. GARDEN GATE DISTRIBUTING, INC., Dennis Vanderlinden, and Steven Vanderlinden, Defendants and Appellants.

Supreme Court of Utah.

March 26, 1979.


Attorney(s) appearing for the Case

Rodney S. Page of Hess, Palmer, Van Wagenen & Page, Clearfield, for defendants and appellants.

Barrie G. McKay, Salt Lake City, for plaintiff and respondent.


HALL, Justice:

This action for conversion arose when appellant Garden Gate Distributing, Inc. ("Garden"), having obtained a money judgment against one Donald L. Zimmerman, a dealer in floor coverings and other home furnishings, proceeded under writ of execution on February 6, 1976, to seize Zimmerman's floor covering inventory. The seized inventory was then the subject of a "chattel mortgage" in favor of respondent Wall Investment Company ("Wallco"). The mortgage...

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