Massey v. Camden & Trenton Railway Co.
Supreme Court of New Jersey
On appeal from an order of the chancellor denying the petition of General Electric Company. The Camden and Trenton Railway Company being in the hands of a receiver appointed under the statutes of this state, the appellant, the General Electric Company, presented to the receiver, within the time limited by the order of the court of chancery, a claim for $4=17.85, covering certain electrical apparatus and supplies delivered to the railway company within six months prior to the…
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On appeal from an order of the chancellor denying the petition of General Electric Company. The Camden and Trenton Railway Company being in the hands of a receiver appointed under the statutes of this state, the appellant, the General Electric Company, presented to the receiver, within the time limited by the order of the court of chancery, a claim for $4=17.85, covering certain electrical apparatus and supplies delivered to the railway company within six months prior to the receiver’s appointment, which items of supplies in the said account were necessary to the daily operation of the…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The appellant seeks to support its claim to a preference under an equitable rule that was first worked out by Chief-Justice Waite in his opinion in Fosdick v. Schall, 99 U. S. 235. This case was decided in 1879, and has been since followed in the federal courts and by some state courts, not, however, with entire rmanimity as to the extent of the preference given, some courts having allowed a preference to all indebtedness of a certain sort incurred within eighteen months prior to insolvency, others having limited it to ninety days, and in…
2Cases cited2 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Vanfrank v. St. Louis, Cape Girardeau & Ft. Smith Railway Co.Missouri Court of Appeals · 1901
3Cited by2 opinions
- In re the Estate of NifenegerNew York Surrogate's Court · 1941
- National Gypsum Co. v. J.E. Stevenson Co.New Jersey Court of Chancery · 1942