Commercial Trust Co. v. Drayton

The opinion of the court was delivered by

Kalisch, J.

This matter comes before us on an appeal taken by the trustee in bankruptcy of L. Wertlieim Coal and Coke Company, a bankrupt debtor, from the decree of the court of chancery sustaining the validity of a certain chattel mortgage given by the bankrupt debtor to the Commercial Trust Company of New Jersey.

'The appellant attacked the validity of the mortgage, in the court below, principally upon the grounds — first, that the court erroneously found that the bankrupt debtor was solvent at the time of the execution of the mortgage; secondly, that…