Cake v. Shull
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Bird, who filed the following conclusions: At the conclusion of the arguments announced in the following opinion, I find, in this case, that the complainant, being indebted upon a promissory note in the sum of $367.43, and finding himself financially embarrassed so that he was unable to pay, applied to the defendant, his nephew, Mr. Shull, for aid.
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On appeal from a decree advised by Vice-Chancellor Bird, who filed the following conclusions: At the conclusion of the arguments announced in the following opinion, I find, in this case, that the complainant, being indebted upon a promissory note in the sum of $367.43, and finding himself financially embarrassed so that he was unable to pay, applied to the defendant, his nephew, Mr. Shull, for aid. I think the testimony beat’s me out in the conclusion that Mr. Cake desired a loan of the defendant, and offered this mining-property — that is, the stock of the mining-property, as security for…
1Opinion of the Court
*212The opinion of the court was delivered by
Dixon, J.
The complainant seeks to have a certain bill of sale, dated May 5th, 1886, made by himself to the defendant, for one-sixth interest in “The Mann Mining Property of North Carolina,” adjudged to be a mortgage for the loan of $320, and to obtain a. decree against the defendant for the difference between that sum and $1,692, the price for which the defendant sold the same in October, 1887.
The right of a court of equity to declare a deed or bill of sale,, which is absolute on its face, to be a mortgage, is clear, as is also-the competency of parol…
2Cases cited5 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Gassert v. BogkMontana Supreme Court · 1888
- Coyle v. DavisSupreme Court of the United States · 1885
- Murray v. RileyMassachusetts Supreme Judicial Court · 1886
3Cited by3 opinions
- Antonucci v. GravinaNew Jersey Court of Chancery · 1943
- Westcott v. KonstantynowiczNew Jersey Court of Chancery · 1947
- Traska v. PiekielkoNew Jersey Court of Chancery · 1924