Legal Opinion

Howell v. Stone

Supreme Court of New Jersey

Decided March 1, 1909PublishedCited by 19 opinions

■■ On appeal from a decree of the court of chancery advised by Vice-Chancellor Howell.

1Opinion of the Court

The opinion of the court was delivered by

Dili., J.

The decree of the court of chancery under review set aside a chattel mortgage in favor of a subsequent judgment of the plaintiff, holding that the statutory affidavit did not, as a matter of law, state “the consideration of said mortgage.” P. L. 1902 p. 187.

The learned vice-chancellor said:

“I wish toesay, in conclusion, that I have reached this view of the case with great disinclination, for the reason that I found no aspect of fraud in the transaction.
“The making of the mortgage was an honest effort to secure an honest indebtedness, and it…

2Cited by19 opinions

  1. In Re Bell Tone Records, Inc.District Court, D. New Jersey · 1949
  2. Riedinger v. Mack Machine Co., C., Inc.New Jersey Court of Chancery · 1934
  3. McCullough v. McCreaCourt of Appeals for the Third Circuit · 1923
  4. Bateman Bros. v. JonesNew Jersey Court of Chancery · 1931
  5. David v. NewmanCourt of Appeals for the Third Circuit · 1916

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