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IN RE INCANDESCENCE

No. 8588.

143 F.2d 241 (1944)

In re INCANDESCENCE, Inc. Appeal of MAJESTIC FACTORS CORPORATION.

Circuit Court of Appeals, Third Circuit.

Decided June 12, 1944.

Attorney(s) appearing for the Case

Max L. Rosenstein, of Newark, N. J., for appellant.

Max J. Mareiniss, of Newark, N. J., and Larkey, Mareiniss & Snyder, of Newark, N. J. (Barney Larkey, of Newark, N. J., on the brief), for Morris M. Ravin, Trustee in Bankruptcy, appellee.

Before DOBIE and McLAUGHLIN, Circuit Judges, and KALODNER, District Judge.

DOBIE, Circuit Judge.

This appeal raises the single question of the validity of two chattel mortgages. Both the Referee in Bankruptcy and the United States District Court held these mortgages to be void, on the ground that the affidavit of consideration, attached to each mortgage, failed to comply with the essential requisites of the applicable New Jersey statute.

The New Jersey Statute provides:

"46:28-5. Necessity of record of mortgage with affidavit...

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