Lembeck & Betz Eagle Brewing Co. v. Krause

The opinion of the court was delivered by

Kalisch, J.

This appeal is from a summary judgment ordered and entered in the Bergen Circuit Court under the following circumstances:

The plaintiff’s claim for which judgment was entered against the defendant appears to have arisen out of a transaction wherein the defendant, who being indebted to the plaintiff gave it a promissory note for $2,700, and a chattel mortgage to secure the payment of the same, and which latter instrument contained a condition which reads as follows: “If the party of the first part shall and do well and truly pay unto the said…