Collerd v. Tully
New Jersey Court of Chancery
Heard on bill, answers, replications and proofs in open court. The bill in this case is filed to foreclose two chattel mortgages, each made by the defendant John J. Tully, and eách now owned by the complainant. Each mortgage covered horses, wagons and harness. One of these mortgages was for $2,000, and was dated December 21st, 1896, and contains a clause respecting after-acqnired property.
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Heard on bill, answers, replications and proofs in open court. The bill in this case is filed to foreclose two chattel mortgages, each made by the defendant John J. Tully, and eách now owned by the complainant. Each mortgage covered horses, wagons and harness. One of these mortgages was for $2,000, and was dated December 21st, 1896, and contains a clause respecting after-acqnired property. It was originally given to Mrs. Effie C. Wynants and by her assigned to her daughter, and by her daughter assigned to the complainant herein. At the time of the assignment to the complainant $1,000 was due…
1Opinion of the Court
Garrison, V. C.
(after statement of facts).
The various questions raised by the defendant Brown are as follows:
First. As to the amount due upon the respective mortgages held by the complainant.
Second. As to whether the first mortgage covered after-acquired property.
Third. Whether either of the mortgages covered the horses sold by Brown to Tully — Brown claiming that the sales were conditional, and that the title had not passed.
Fourth. As' to whether the second mortgage was not ineffective as to Brown because of a defective affidavit.
Fifth. If the second mortgage was invalid as to Brown, whether…
2Cited by6 opinions
- Wilentz v. HendricksonNew Jersey Court of Chancery · 1943
- Bankers Trust Co. v. MaxsonNew Jersey Court of Chancery · 1926
- Community State Bank v. MartinWashington Supreme Court · 1927
- Heuer v. RubinNew Jersey Court of Chancery · 1948
- In re SwainDistrict Court, D. New Jersey · 1919
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