David v. Newman
Court of Appeals for the Third Circuit
Petition to Review and Revise an Order of the District Court of the United States for the District of New Jersey, in Bankruptcy; Thos. G. Haight, Judge. . In the matter of the Novelty Web Company, bankrupt.
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Petition to Review and Revise an Order of the District Court of the United States for the District of New Jersey, in Bankruptcy; Thos. G. Haight, Judge. . In the matter of the Novelty Web Company, bankrupt. On petition to review and revise an order of the District Court (228 Fed. 1007) adjudging a chattel mortgage,' given by the bankrupt to B. Edmund David and others, to be invalid, and not to constitute a lien on the assets of the bankrupt, entitled to priority in payment over a claim of E. M. Guinzburg for rent.
1Opinion of the Court
WOOLLEY, Circuit Judge.
In a controversy in bankruptcy involving the allowance and precedence of claims under a chattel mortgage and for rent, the referee allowed both claims but awarded priority to the claim under the chattel mortgage. The fund being insufficient to pay both, the landlord on review by the District Court attacked the validity of the mortgage on the ground that the affidavit annexed to it did not conform to the requirements of the statute of the State of New Jersey in that behalf. The District Court, sustaining this contention, held the mortgage invalid. .Its finding is before…
2Cases cited8 opinions
- American Soda Fountain Co. v. StolzenbachSupreme Court of New Jersey · 1908
- State v. Mayor of Jersey CitySupreme Court of New Jersey · 1892
- Howell v. StoneSupreme Court of New Jersey · 1909
- Collerd v. TullySupreme Court of New Jersey · 1911
- Bagby v. WalkerCourt of Appeals of Maryland · 1893
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3Cited by6 opinions
- McCullough v. McCreaCourt of Appeals for the Third Circuit · 1923
- Milberg v. McCulloughCourt of Appeals for the Third Circuit · 1923
- Haines v. KeatingCourt of Appeals for the Third Circuit · 1924
- Lerner v. GladstoneCourt of Appeals for the Third Circuit · 1924
- In re SwainDistrict Court, D. New Jersey · 1919
1 more not listed; retrieve them via the Exa API.