Rutherford National Bank v. H. R. Bogle & Co.
New Jersey Court of Chancery
1Opinion of the Court
Lewis, V. C.
The issues here presented are: Has complainant an equitable mortgage upon the property in question; and, if so, is that mortgage inferior or superior to the judgment lien of defendant William H. Kelley, commissioner of banking and insurance, in possession of the property and assets of Lyndliurst Trust Company (hereinafter designated as “commissioner”) ?
Succinctly stated, the facts, as stipulated, are: On August 5th, 1926, Charles Smithson and his wife, to secure the payment of $8,500, executed their bond and mortgage covering the property in question to Lyndhurst Gardens,…
2Cases cited29 opinions
- Walker v. BrownSupreme Court of the United States · 1897
- Ketchum v. St. LouisSupreme Court of the United States · 1880
- Payne v. . WilsonNew York Court of Appeals · 1878
- Chase v. . PeckNew York Court of Appeals · 1860
- Sprague v. . CochranNew York Court of Appeals · 1894
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3Cited by3 opinions
- Metropolitan Life Insurance Co. v. PoliakoffNew Jersey Superior Court Appellate Division · 1938
- Feldman v. WarshawskyNew Jersey Court of Chancery · 1937
- Van Keuren v. United StatesNew Jersey Court of Chancery · 1946