Schwartz v. King Realty & Investment Co.
Supreme Court of New Jersey
On appeal from Orange District Court. Tlie state of the case agreed upon between counsel of. the respective litigants shows that some time prior to June, 1918, the Schultz Printing Company made and executed a chattel mortgage on the assets of its printing business. Prior to the above date one Van Poznak, a duly licensed auctioneer, was employed by the Schultz company to soil all its assets at public sale.
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On appeal from Orange District Court. Tlie state of the case agreed upon between counsel of. the respective litigants shows that some time prior to June, 1918, the Schultz Printing Company made and executed a chattel mortgage on the assets of its printing business. Prior to the above date one Van Poznak, a duly licensed auctioneer, was employed by the Schultz company to soil all its assets at public sale. The auctioneer inserted in the Newark newspapers notices of the sale of the property of the printing concern, and distributed the newspapers containing the notice among the trade who might…
1Opinion of the Court
The opinion of the court was delivered by
Kalisch, J.
The position taken by counsel of appellant i hat the defendant was not a. proper party to the action, and, therefore, there should have been either a nonsuit or judgment for defendant, is untenable.
The (-ase agreed upon concedes that the defendant issued the distress warrant and gave it to the constable to execute, which officer, under the authority of the warrant, took possession of the goods and chattels, purchased by the plaintiff at the auction sale. It is. further conceded that a demand to deliver up these goods and chattels to the…
2Cases cited1 opinion
- Allen v. CraryNew York Supreme Court · 1833
3Cited by4 opinions
- In the Matter of Appeals of Port Murray Dairy Co.New Jersey Superior Court Appellate Division · 1950
- Smith-Calhoun Rubber Co. v. McGhee Rubber Co.Court of Appeals of Texas · 1921
- Gordetsky v. CohenNew Jersey Superior Court Appellate Division · 1952
- Samuelson v. GoldbergSupreme Court of New Jersey · 1935