Legal Opinion

Breit v. Solferino

Supreme Court of New Jersey

Decided February 23, 1909PublishedCited by 6 opinions

On appeal from the District Court of the city of Hoboken.

1Opinion of the Court

*437The opinion of the court was delivered by

MiNtuRN, J.

The plaintiff held a chattel mortgage for the sum of $500 upon certain goods and chattels of one Benjamin Fleischer, .which was duly acknowledged and recorded. Subsequently the defendant obtained a judgment against Fleischer in the District Court of the city of Hoboken, and sold the mortgaged goods under an execution issued upon the judgment. Prior to the sale the constable was notified of the existence of the mortgage by the counsel for the mortgagee, but ignored it, proceeded with the sale, and took possession of the mortgaged goods in…

2Cases cited2 opinions

  1. Fox v. Kinnear Pressed Radiator Co.Supreme Court of New Jersey · 1907
  2. Bathgate v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1908

3Cited by6 opinions

  1. McCullough v. McCreaCourt of Appeals for the Third Circuit · 1923
  2. David v. NewmanCourt of Appeals for the Third Circuit · 1916
  3. Milberg v. McCulloughCourt of Appeals for the Third Circuit · 1923
  4. In re Novelty Web Co.District Court, D. New Jersey · 1916
  5. Jarecki v. Manville Bakery, Inc.New Jersey Superior Court Appellate Division · 1950

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