Kauffman v. Utility Trucking Co.

The opinion of the court was delivered by

Bodine, J.

The appeal is from an order entered in the court of chancery holding a chattel mortgage invalid as against creditors. The mortgage dated March 7th, 1935, was recorded the next day but not until the day following was a check for the consideration, dated March 9th, 1935, delivered. The affidavit of consideration, required by law, stated that a certain sum of money corresponding to the amount of the check, later delivered, was paid on the date of the delivery of the mortgage. This was not so, since no consideration was then paid. The court of…