SICKINGER v. ZIMEL


8 N.J. Super. 455 (1950)

73 A.2d 281

FRANK SICKINGER, TRUSTEE IN BANKRUPTCY OF NATHAN TIGER, PLAINTIFF, v. HEYMAN ZIMEL AND HARRY GOLDSTEIN, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 21, 1950.


Attorney(s) appearing for the Case

Mr. Samuel Black, attorney for plaintiff.

Messrs. Morrison, Lloyd & Griggs, John W. Griggs, II, appearing, attorneys for defendants.


GRIMSHAW, J.S.C.

The trustee in bankruptcy of Nathan Tiger sues to set aside a chattel mortgage given by Tiger and his wife to the defendants. The mortgage is challenged upon the ground that the affidavit of consideration is false in fact and that, as a consequence, the mortgage is void under the provisions of N.J.S.A. 46:28-5.

The facts are not in substantial dispute. Mainly, the controversy is concerned with the conclusions to be drawn from the facts...

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