Perrine v. First National Bank
Supreme Court of New Jersey
On writ of error to llie Middlesex Court of Common Pleas. An action of replevin was brought by the First National Bank against William D. Perrine for taking certain chattels. Upon the trial it appeared that one Samuel E. Perrine, on March 1st, 1889, had made a chattel mortgage upon the property in suit to William jD.
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On writ of error to llie Middlesex Court of Common Pleas. An action of replevin was brought by the First National Bank against William D. Perrine for taking certain chattels. Upon the trial it appeared that one Samuel E. Perrine, on March 1st, 1889, had made a chattel mortgage upon the property in suit to William jD. Perrine, the defendant below, to secure the payment of two promissory notes, amounting to $1,500. On May 7th, 1889, Samuel E. Perrine made a second chattel mortgage upon the same property to “The First National Bank of Jamesburg,” to secure the payment of $1,500. In the last…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
We are of the opinion that the portion of the charge which permitted the jury to find for the plaintiff upon the ground that the first mortgage was executed in fraud of creditors, was erroneous.
It is perceived that the plaintiff did not attack the Perrine mortgage from the standpoint of a general creditor. He had •established no lien as such creditor, and without this he was disentitled to question the bonafides of that instrument. His footing as a litigant is his mortgage.
How it is self-evident that the parties had the right to contract for a…
2Cases cited2 opinions
- Tolbert v. HortonSupreme Court of Minnesota · 1884
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- First National Bank of Corning v. ReidSupreme Court of Iowa · 1904
- Boice v. ConoverNew Jersey Court of Chancery · 1896
- Jarecki v. Manville Bakery, Inc.New Jersey Superior Court Appellate Division · 1950