Empire State Trust Co. v. William F. Fisher Co.
New Jersey Court of Chancery
On final hearing on bill, answer and proofs. The complainant filed a bill to foreclose a mortgage given to it b}r the William F. Eisher Company, a corporation, upon property in Middlesex county. It made several holders of subsequent encumbrances parties thereto. Among them, and next in order of priority, was the Broadway Trust Company, which held, and holds, a mortgage for $15,000. Next below -that mortgage are two to William E. Eisher and one to Frieda Hart.
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On final hearing on bill, answer and proofs. The complainant filed a bill to foreclose a mortgage given to it b}r the William F. Eisher Company, a corporation, upon property in Middlesex county. It made several holders of subsequent encumbrances parties thereto. Among them, and next in order of priority, was the Broadway Trust Company, which held, and holds, a mortgage for $15,000. Next below -that mortgage are two to William E. Eisher and one to Frieda Hart. Subsequently to the giving of these mortgages the Fisher ■company was thrown into involuntary bankruptcy, and Messrs. Samuel F. Wylie…
1Opinion of the Court
Pitney, V. C.
The mortgage of the Broadway Trust Company was made- and executed September 10th, 1902, and recorded September 13th, of that 3rear, to secure the sum of $15,000, with interest, in three months from that date.
Three da3^s later the Fisher company executed three other mortgages: one to Fisher, its president, to secure an amount not exceeding $10,000; another to Frieda Hart, to secure an amount not exceeding $10,000; and a third to Fisher, to secure-an amount not exceeding $20,000.
On October 4th, 1902, two small judgments were docketed against the Fisher company in the Middlesex…
2Cases cited4 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Grant v. National BankSupreme Court of the United States · 1878
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- Tiffany v. LucasSupreme Court of the United States · 1873
3Cited by1 opinion
- Carroll Notion Co. v. NevilleMississippi Supreme Court · 1953