Legal Opinion
In re Lehman
New Jersey Superior Court Appellate Division
Decided December 14, 1979PublishedCited by 1 opinion
1Opinion of the Court
VILLANUEVA, J. S. C.
This case involves a novel question wherein a creditor claims a lien on personal property by virtue of the filing of a financing statement unsigned by the debtor, to which there was affixed a purported security agreement between the debtor and an entity different than the creditor. There is no reported case upholding as a lien a financing statement unsigned by the debtor to which no valid security agreement or lease is attached.
Maple Contractors, Inc. (hereinafter “Maple”), is a New Jersey corporation incorporated prior to 1973. On November 2, 1979 it made an assignment…
2Cases cited13 opinions
- Bank of N. America v. Bank of NutleyNew Jersey Superior Court Appellate Division · 1967
- Boyle v. United StatesCourt of Appeals for the Third Circuit · 1965
- Bramble Transportation, Inc. v. Sam Senter Sales, Inc.Superior Court of Delaware · 1971
- Howard W. Benedict, Trustee in Bankruptcy of Lillian E. Hargrove, D/B/A Hargrove Typesetting Service v. Morris LebowitzCourt of Appeals for the Second Circuit · 1965
- Doyle v. Northrop Corp.District Court, D. New Jersey · 1978
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3Cited by1 opinion
- In Re Benefit of Creditors of Maple Contractors, Inc., Gen. AssignmentNew Jersey Superior Court Appellate Division · 1979