Legal Opinion

In re Incandescence, Inc.

Court of Appeals for the Third Circuit

Decided June 12, 1944No. 8588PublishedCited by 2 opinions

1Opinion of the Court

DOBIE, Circuit Judge.

This appeal raises the single question of the validity of two chattel mortgages. Both the Referee in Bankruptcy and the United States District Court held these mortgages to be void, on the ground that the affidavit of consideration, attached to each mortgage, failed to comply with the essential requisites of .the applicable New Jersey statute.

The New Jersey Statute provides:

“46:28-5. Necessity of record of mortgage with affidavit as against creditors of mortgagor and subsequent purchasers and mortgagees in good faith — ■

“Every mortgage or conveyance intended to operate as…

2Cases cited6 opinions

Deyoe v. Harper Brothers, Inc.Supreme Court of New Jersey · 1937
Atzingen v. OttolinoNew Jersey Court of Chancery · 1938
McCullough v. McCreaCourt of Appeals for the Third Circuit · 1923
In re A. J. Doan & Son, Inc.District Court, D. New Jersey · 1940
In re SwainDistrict Court, D. New Jersey · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

In re LeppertDistrict Court, D. New Jersey · 1952
In Re LeppertCourt of Appeals for the Third Circuit · 1953