In re Swain
District Court, D. New Jersey
In Bankruptcy. In the matter of Harry Swain, bankrupt. On review of the referee’s order of January 22, 1919, declaring that a chattel mortgage given by the bankrupt to Harry C. Lincoln was void.
1Opinion of the Court
RELLSTAB, District Judge.
[1,2] The only question to be decided on this review is whether the affidavit annexed to the chattel mortgage given by the bankrupt to Harry C. Lincoln complies with the New Jersey Chattel Mortgage Act (N. J. Comp. St. vol. 1, p. 463). The pertinent provisions of this act are contained in section 4, which is as follows:
[‘Every mortgage or conveyance intended to operate as a mortgage of goods and chattels hereafter made, which shall not he accompanied by an immediate *901delivery, and followed by an actual and continued change of possession of the things mortgaged, shall…
2Cases cited8 opinions
- American Soda Fountain Co. v. StolzenbachSupreme Court of New Jersey · 1908
- Howell v. StoneSupreme Court of New Jersey · 1909
- Collerd v. TullySupreme Court of New Jersey · 1911
- Collerd v. TullyNew Jersey Court of Chancery · 1910
- David v. NewmanCourt of Appeals for the Third Circuit · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Incandescence, Inc.Court of Appeals for the Third Circuit · 1944