Legal Opinion

In re Berkeley Press, Inc.

District Court, D. New Jersey

Decided January 14, 1942No. 793aPublishedCited by 2 opinions

1Opinion of the Court

SMITH, District Judge.

This matter is before the court at this time on a petition for review filed by Abe Schloss, a secured creditor, who is aggrieved by a decision of the referee in bankruptcy declaring a chattel mortgage invalid. The petitioner asserts, and the trustee controverts, the validity of the mortgage.

The laws of the State of New Jersey, and particularly the Revised Statutes, 46:28-5, N.J.S.A. 46:28-5, are determinative of the question.1 The chattel mortgage is void, within the meaning of the statute, as against the creditors of the bankrupt (the mortgagor), unless there is…

2Cases cited13 opinions

  1. American Soda Fountain Co. v. StolzenbachSupreme Court of New Jersey · 1908
  2. Hunt v. LudwigNew Jersey Court of Chancery · 1922
  3. Howell v. StoneSupreme Court of New Jersey · 1909
  4. Hunt v. LudwigSupreme Court of New Jersey · 1922
  5. Lessler v. Paterson National BankNew Jersey Court of Chancery · 1925

8 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re Berkeley Press, Inc.Court of Appeals for the Third Circuit · 1942
  2. In Re LeppertCourt of Appeals for the Third Circuit · 1953

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