Schalk v. Schmidt
New Jersey Court of Chancery
This was a motion, on behalf of Benjamin O. Edge, to vacate an order for an injunction, which had been granted against him in this cause to restrain him from selling, as a distress for rent, certain goods of the defendant, Schmidt, on which the complainant held a chattel mortgage, for the collection of which he had filed his bill in this case. The circumstances under which the injunction was granted against Edge are stated in the opinion of the Chancellor.
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This was a motion, on behalf of Benjamin O. Edge, to vacate an order for an injunction, which had been granted against him in this cause to restrain him from selling, as a distress for rent, certain goods of the defendant, Schmidt, on which the complainant held a chattel mortgage, for the collection of which he had filed his bill in this case. The circumstances under which the injunction was granted against Edge are stated in the opinion of the Chancellor. The motion to vacate the order was upon two grounds. 1. That Edge is not a party to the suit. 2. That complainant had not prosecuted his…
1Opinion of the Court
The Chancellor.
The complainant claims to hold a chattel mortgage, dated on the twenty-ninth of August, 1859, executed to him by Schmidt, the defendant, upon the “ lease and good will of a lager beer and billiard saloon,” occupied by the mortgagor at number 17 Montgomery street, Jersey City, and of three billiard tables, and other furniture and fixtures therein, to secure the payment of $1000 on demand. The bill was filed on the fourth of March, 1861, to restrain the sale of the said chattels, under judgments and executions against Schmidt, the mortgagor, and to obtain a decree for the sale of…
2Cases cited1 opinion
- Goodell v. MonroeSupreme Court of New Jersey · 1917
3Cited by3 opinions
- Amm v. AmmNew Jersey Court of Chancery · 1934
- Forstmann, C., Co. v. United Front, C.New Jersey Court of Chancery · 1926
- Gorka v. GorkaMissouri Court of Appeals · 1927