Kane v. Lodor
New Jersey Court of Chancery
This bill is filed to foreclose a chattel mortgage. The order of events relating to the creation of this instrument, its ownership by the present complainant and the status of the present defendant is this: A number of years since, Patrick McGinley, Peter Kane and Elizabeth Donahue were conducting a dry goods business in Trenton under the name of McGinley & Company.
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This bill is filed to foreclose a chattel mortgage. The order of events relating to the creation of this instrument, its ownership by the present complainant and the status of the present defendant is this: A number of years since, Patrick McGinley, Peter Kane and Elizabeth Donahue were conducting a dry goods business in Trenton under the name of McGinley & Company. While still in business under the name of McGinley & Company, that firm gave a chattel mortgage to Hood, Foulkrod & Company to secure the sum of $4,200. It gave another chattel mortgage to Crissman Brothers to secure $13,530.26,…
1Opinion of the Court
Reed, V. C.
The defendant sets up, among other things, that the affidavit to the chattel mortgage is defective. But as against the receiver, who was the only party defendant, the mortgage is good without registry or affidavit.
The mortgage, as against the mortgagor, was entirely efficacious as an encumbrance, and the receiver took his title to the property subject to all the equities to which it was subject in the hands of the debtor.
This rule was asserted in respect to an assignment for the benefit of creditors in the case of Shaw v. Glenn, 10 Stew. Eq. 32. A receiver, in this respect, stands…
2Cases cited2 opinions
- Littlefield v. PerrySupreme Court of the United States · 1875
- Gottfried v. MillerSupreme Court of the United States · 1882
3Cited by6 opinions
- Williams v. EarhartArizona Supreme Court · 1929
- Moore v. Boise Land & Orchard Co.Idaho Supreme Court · 1918
- Snow v. CodySupreme Court of Oklahoma · 1923
- Weiprecht v. RippleCourt of Appeals of Maryland · 1958
- Richards v. HalidayU.S. Circuit Court for the District of New Jersey · 1899
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