Mertens v. Schlemme
New Jersey Court of Chancery
Heard on bill, answers, replications and proofs in open court. This is a bill filed by Frederick W. Mertens, trading, &c., against Henry H. Schlemme and Johanna Schlemme, his wife.
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Heard on bill, answers, replications and proofs in open court. This is a bill filed by Frederick W. Mertens, trading, &c., against Henry H. Schlemme and Johanna Schlemme, his wife. The bill sets up that about the month of October, 1903, Henry H. Schlemme became indebted to the complainant in the sum of $252, and that during the month of November, 1903, he promised to pay said indebtedness to the complainant out of the proceeds of the sale of certain real estate owned by Henry H. Schlemme; that at the time of the contracting of the indebtedness the said Henry H. Schlemme was seized in…
1Opinion of the Court
Garrison, V. C.
The proofs follow the pleadings very closely.
They show that Mertens, a dealer in cigars, sold goods to Henry H. Schlemme, who was carrying on a saloon at the corner of Eighth and Washington streets, Hoboken; that in October of 1903 Schlemme owed Mertens some $252, and upon Mertens going to collect the bill Schlemme informed him that he did not then have the money, but would pay him out of the proceeds of the sale of his real estate.
The real estate, including the building in which the saloon was, was conveyed to Schlemme, through an intermediary, by his wife in 1897:
She…
2Cited by11 opinions
- Goldberg v. ParkerSupreme Court of Connecticut · 1913
- Feltham v. BlunckIdaho Supreme Court · 1921
- Hollander v. AbramsNew Jersey Court of Chancery · 1926
- Smith v. Commercial Credit Corp.New Jersey Court of Chancery · 1933
- Bergin v. BlackwoodSupreme Court of Minnesota · 1919
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