Efficient Collection & Adjustment Co. v. McDonough

Supreme Court of New Jersey

Efficient Collection & Adjustment Co. v. McDonough

174 A. 487, 12 N.J. Misc. 724, 1934 N.J. Sup. Ct. LEXIS 28

DecidedSeptember 28, 1934

StatusPublished

This text of 174 A. 487 (Efficient Collection & Adjustment Co. v. McDonough) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Efficient Collection & Adjustment Co. v. McDonough, 174 A. 487, 12 N.J. Misc. 724, 1934 N.J. Sup. Ct. LEXIS 28 (N.J. 1934).

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Opinion

Bodine, J.

The plaintiff appeals from an order of possession in favor of the defendant. The plaintiff’s claim is predicated upon a chattel mortgage bearing date November 23d, 1931, recorded November 24th, 1931. The defendant, a garageman, claimed a lien upon the trucks in question by virtue of work done and materials furnished on October 23d, November 5th and November 14th, 1930, and also on August 24th, 1931, all prior to the date of and the recording of the chattel mortgage under which the plaintiff sought possession.

The learned trial judge held the chattel mortgage invalid for several reasons. It seems to us that this determination was immaterial. The garageman’s undisputed lien was in no way affected by a subsequent chattel mortgage. Pamph. L. 1925, p. 96.

The judgment is affirmed.

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Bodine, J.

The plaintiff appeals from an order of possession in favor of the defendant. The plaintiff’s claim is predicated upon a chattel mortgage bearing date November 23d, 1931, recorded November 24th, 1931. The defendant, a garageman, claimed a lien upon the trucks in question by virtue of work done and materials furnished on October 23d, November 5th and November 14th, 1930, and also on August 24th, 1931, all prior to the date of and the recording of the chattel mortgage under which the plaintiff sought possession.

The learned trial judge held the chattel mortgage invalid for several reasons. It seems to us that this determination was immaterial. The garageman’s undisputed lien was in no way affected by a subsequent chattel mortgage. Pamph. L. 1925, p. 96.

The judgment is affirmed.

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Bluebook (online)

174 A. 487, 12 N.J. Misc. 724, 1934 N.J. Sup. Ct. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/efficient-collection-adjustment-co-v-mcdonough-nj-1934.