Legal Opinion

Knowles Loom Works v. Vacher

Supreme Court of New Jersey

Decided February 15, 1895PublishedCited by 12 opinions

In replevin. On case certified from the Passaic Circuit. The questions to be determined in this case are presented by the following certificate: Paterson, N. J., May 3d, 1894. This suit relates to the title of ten silk looms which, about August 1st last, were in the possession of the defendants, and were then replevied by the plaintiff, and returned under bond to the defendants.

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In replevin. On case certified from the Passaic Circuit. The questions to be determined in this case are presented by the following certificate: Paterson, N. J., May 3d, 1894. This suit relates to the title of ten silk looms which, about August 1st last, were in the possession of the defendants, and were then replevied by the plaintiff, and returned under bond to the defendants. The value of the looms was then $1,487.50, which amount, with interest thereon, from August 1st, 1893, the plaintiff will be entitled to recover if it be entitled to a judgment. The looms were originally the property…

1Opinion of the Court

The opinion of the court was delivered by

Van Syckel, J.

On behalf of the defendants, it is insisted that the sale by the plaintiff to the silk company, being a conditional one, was void as against the mortgage of Hoguet by virtue of the provisions of the act of May 9th, 1889, entitled “An act requiring contracts for the conditional sale of personal property to be recorded.” Pamph. L. p. 421.

The important features 'of this act are contained in the first and second sections, which are quoted as follows:

“ 1. That in every contract for the conditional sale of goods and chattels hereafter made…

2Cases cited4 opinions

  1. Thompson v. . Van VechtenNew York Court of Appeals · 1863
  2. Dickerson v. TillinghastNew York Court of Chancery · 1833
  3. Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
  4. Slade v. Van VechtenNew York Court of Chancery · 1844

3Cited by12 opinions

  1. Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
  2. Schmidt v. PerkinsSupreme Court of New Jersey · 1907
  3. Cumberland National Bank v. BakerNew Jersey Court of Chancery · 1898
  4. Hirsch v. C. W. Leatherbee Lumber Co.Supreme Court of New Jersey · 1903
  5. United States-Alaska Packing Co. v. LuketaCourt of Appeals for the Ninth Circuit · 1932

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