Fletcher v. Bonnet
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Pitney, whose opinion is reported in Bonnet v. Hope Manufacturing Co., 6 Dick.
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On appeal from a decree advised by Vice-Chancellor Pitney, whose opinion is reported in Bonnet v. Hope Manufacturing Co., 6 Dick. Ch. Rep. 162. In this case the bill of complaint was filed on behalf of the operatives of the Hope Manufacturing Company, an insolvent corporation, to secure their wages for labor performed during thirty days prior to January 30th, 1892. The appellants, Leonard H. Fletcher, George G. Green and Hulbert L. Warner, were made defendants because of their interest in a mortgage of real and personal property, made under seal by the corporation, and recorded April 15th,…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
The first ground for attacking this mortgage is that the affidavit annexed to it was not made by the proper person, and the vice-chancellor so decided.
*618This decision was erroneous.
The affiant was the legal mortgagee, to whom the mortgage was delivered, and who held it and had the lawful right to hold it. Consequently he was “ the holder,” and as such was, by the plain language of the statute, authorized to make the requisite affidavit. That he may not have had personal knowledge of the truth of the matters stated in his affidavit is not reason…
2Cases cited2 opinions
- Gilbert v. VailSupreme Court of Vermont · 1888
- Webb v. Mann & EamanMichigan Supreme Court · 1854
3Cited by4 opinions
- Abeles v. GuelickNew Jersey Court of Chancery · 1927
- Fidelity Union Trust Co. v. AugelliNew Jersey Court of Chancery · 1939
- Jarecki v. Manville Bakery, Inc.New Jersey Superior Court Appellate Division · 1950
- Sherman v. Union County, C., Co.New Jersey Court of Chancery · 1931