Legal Opinion

Hopper v. Lovejoy

New Jersey Court of Chancery

Decided November 15, 1890PublishedCited by 3 opinions

On appeal from a decree advised by Frederic W. Stevens, Esq., advisory master, in Lovejoy v. Hopper, who filed the following «conclusions: The second ground is, that the mortgages were not proved pursuant to the law of New Jersey, and that not having been properly recorded, they are void as against the receiver, who represents mot only the corporation but also its creditors. . The mortgages were acknowledged — not proved.

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On appeal from a decree advised by Frederic W. Stevens, Esq., advisory master, in Lovejoy v. Hopper, who filed the following «conclusions: The second ground is, that the mortgages were not proved pursuant to the law of New Jersey, and that not having been properly recorded, they are void as against the receiver, who represents mot only the corporation but also its creditors. . The mortgages were acknowledged — not proved. The commissioner, in the case of the real estate mortgage, certifies that there personally came before him James H. Ferguson, president of the company— “ Which I am…

1Opinion of the Court

*578The opinion of the court was delivered by

Dixon, J.

"We are satisfied with the decision of the learned advisory master respecting all the instruments in dispute, except the chattel mortgage made September 15th, 1882, by the Universal Rubber Company for $7,000. This he held to be inoperative against the receiver of the company representing its creditors, because it was not, in his opinion, lawfully recorded. The supposed illegality of the record arose from the fact that it had not been proved, but merely acknowledged, the master thinking that our statutes require all corporate.deeds to be proved…

2Cases cited2 opinions

  1. Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
  2. Merrill v. MontgomeryMichigan Supreme Court · 1872

3Cited by3 opinions

  1. Pincus v. U.S. Dyeing and Cleaning WorksNew Jersey Court of Chancery · 1926
  2. Mitschele-Baer v. Livingston SandNew Jersey Court of Chancery · 1931
  3. Dreier v. DreierNew Jersey Court of Chancery · 1927

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