Legal Opinion
Garwood v. Garwood
New Jersey Court of Chancery
Decided November 30, 1897PublishedCited by 6 opinions
On bill to foreclose chattel mortgage.
1Opinion of the Court
Reed, V. C.
In July, 1893, Edmund J. Garwood made a chattel mortgage upon certain of his personal property to his wife, Annie, to secure her for money loaned to him by her. A subsequent judgment creditor of the husband, who has levied his execution upon the same chattels, contests the validity of the mortgage solely upon the ground that it was made directly by the husband to the wife without the intervention of any trustee or third party.
By the common law such a mortgage is regarded as a nullity. For reasons — partly to secure domestic tranquillity and partly to carry out the policy of the…
2Cases cited3 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Bradish v. GibbsNew York Court of Chancery · 1818
3Cited by6 opinions
- Nelson v. FergusonCourt of Appeals for the Third Circuit · 1932
- Commissioner of Internal Revenue v. HaleCourt of Appeals for the First Circuit · 1933
- English v. BrownDistrict Court, D. New Jersey · 1914
- In re HoffmanDistrict Court, D. New Jersey · 1912
- Flint v. A. B. Culbertson, Receiver for Fraternal Bank & Trust Co.Texas Supreme Court · 1958
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