Bleakley v. Nelson
New Jersey Court of Chancery
On bill for injunction, &c. Order to show cause, answer and affidavits, &c. This is an application for a preliminary injunction to restrain the removal or disposition of certain chattels and also certain moneys due upon a contract between the defendant Nelson and the Seaside Park Company. The complainant is the receiver under appointment in aid of a recovery had by J. C. McNaughton & Company against the defendant Nelson in Ocean county circuit court.
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On bill for injunction, &c. Order to show cause, answer and affidavits, &c. This is an application for a preliminary injunction to restrain the removal or disposition of certain chattels and also certain moneys due upon a contract between the defendant Nelson and the Seaside Park Company. The complainant is the receiver under appointment in aid of a recovery had by J. C. McNaughton & Company against the defendant Nelson in Ocean county circuit court. The judgment was entered and execution issued on September 20th, 1897; an order for discovery was made on December 17th, 1897, and receiver…
1Opinion of the Court
Grey, V. C.
This chattel mortgage is criticised on several grounds. The affidavit of the mortgagee is declared to be a sufficient statement of the consideration, and it is insisted that the chattel mortgage is void because not recorded in the clerk’s office of the county in which the mortgagor resided, and the sale by the chattel mortgagee under the chattel mortgage is alleged to have been made before the chattel mortgage came to be due.
*676• The mortgage upon the goods and chattels was in my view a nullity as against the complainant, Bleakley, receiver, &c., under the judgment of J. C. McNaughton…
2Cases cited1 opinion
- Greenwood v. LawSupreme Court of New Jersey · 1892
3Cited by2 opinions
- Atzingen v. OttolinoNew Jersey Court of Chancery · 1938
- In re B & B Motor Sales Corp.District Court, D. New Jersey · 1922