Legal Opinion

Elizabethtown Savings Institution v. Gerber

New Jersey Court of Chancery

Decided May 15, 1881Published

On final hearing on bill, answer and proofs taken before a master.

1Opinion of the Court

Van Fleet, V. C.

The object of the bill in this case is to enforce what the complainants call an equitable lien. The fund in dispute is in court.

The following are the material facts: In 1876, the Esterbrook • Steel Pen Manufacturing Company brought a suit against .Simeon J. Ahern in this court, for an account, which resulted in a decree in favor of Ahern for a sum slightly in excess of $500. The sum so found due was, by the order of the court, paid to the clerk June 25th, 1878. Prior to this date, and on the 16th ■of April, 1878, Ahern was adjudged a bankrupt, and shortly afterwards the…

2Cases cited5 opinions

  1. Bates v. LyonsNew York Court of Chancery · 1838
  2. Swanson v. CookeNew York Supreme Court · 1866
  3. Howard v. SheldonNew York Court of Chancery · 1845
  4. Stringer v. CoombsSupreme Judicial Court of Maine · 1873
  5. Moor v. TowleSupreme Judicial Court of Maine · 1854

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