Legal Opinion

Commercial Trust Co. v. L. Wertheim Coal & Coke Co.

New Jersey Court of Chancery

Decided November 8, 1917PublishedCited by 11 opinions

On bill, &c.

1Opinion of the Court

Lewis, V. C.

The bill- in this case was filed to foreclose a mortgage made by L. Wertheim Coal and Coke Company to the Commercial Trust Company to secure a bond issue of two hundred and fifty bonds of $1,000 each. The mortgage was dated and recorded *144on May 6th, 1912. On September 16th, 1914, the Wertheim company was declared a bankrupt, and the trustee in bankruptcy filed an answer and cross-bill to the bill to foreclose, in which he claimed:

1. That the Wertheim Company was actually insolvent upon a proper analysis of its books and balance sheet of March 31, 1912.

2. That the proper analysis…

2Cases cited2 opinions

  1. Buvinger v. Evening Union Printing Co.New Jersey Court of Chancery · 1907
  2. Wright v. American Finance & Securities Co.New Jersey Court of Chancery · 1915

3Cited by11 opinions

  1. N. Windholz Son v. BurkeNew Jersey Court of Chancery · 1925
  2. Galka v. Tide Water Associated Oil Co.New Jersey Court of Chancery · 1943
  3. N. Providence, LLC v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.)District Court, S.D. New York · 2014
  4. Whitford v. MoehlenpahWisconsin Supreme Court · 1928
  5. Simonds v. Essex Passenger Railway Co.New Jersey Court of Chancery · 1898

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