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Lessler v. Paterson National Bank

Court of Errors and Appeals
Feb 1, 1926
99 N.J. Eq. 428 (N.J. 1926)

Opinion

Submitted October 30th, 1925.

Decided February 1st, 1926.

On appeal from a decree advised by Vice-Chancellor Backes, whose opinion is reported in 97 N.J. Eq. 396.

Mr. William Harris, for the appellant.

Mr. John W. Harding, for the respondent.


Of the six grounds of challenge to the validity of the chattel mortgage brought in question in this case that were presented to the court of chancery, the first four are abandoned on this appeal, and, therefore, we have considered only the fifth, relating to the affidavit made by the president of the mortgagee corporation, and the sixth, charging that the affidavit does not truly state the amount due or to grow due on the mortgage. So far as the opinion deals with the above two questions that are presented to us, we are satisfied with the result reached by the learned vice-chancellor, and for the reasons stated by him in his opinion. The other grounds of attack on the mortgage have, of course, not been considered.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, MINTURN, KALISCH, BLACK, KATZENBACH, CAMPBELL, LLOYD, WHITE, GARDNER, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, JJ. 15.

For reversal — None.


Summaries of

Lessler v. Paterson National Bank

Court of Errors and Appeals
Feb 1, 1926
99 N.J. Eq. 428 (N.J. 1926)
Case details for

Lessler v. Paterson National Bank

Case Details

Full title:LEO LESSLER, trustee in bankruptcy of Jacob Goldstein, bankrupt…

Court:Court of Errors and Appeals

Date published: Feb 1, 1926

Citations

99 N.J. Eq. 428 (N.J. 1926)

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