Citation Numbers: 65 A.2d 86, 2 N.J. Super. 196
Judges: FREUND, J.S.C.
Filed Date: 12/30/1948
Status: Precedential
Modified Date: 4/15/2017
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 198
The plaintiff on October 14, 1947 was appointed statutory receiver of Marlowe Motors, Inc., an insolvent corporation. He brought this action to declare null and void four chattel mortgages made by the insolvent corporation to the defendant, dated, respectively, August 27, September 5, 7 and 23, 1947. Their validity is challenged on two grounds: first, that the statement of intention to execute and accept a series of chattel mortgage transactions, dated March 11, 1947 and recorded on March 13, 1947, was not acknowledged in accordance with R.S.
46:28-5.1, because the secretary of the insolvent corporation did not appear before the notary public as the said acknowledgment recites, and, second, that the mortgages themselves are invalid because the affidavits are not drawn in conformity with the requirements of R.S. 46:28-5. There is no merit in the plaintiff's first ground, as he has failed to present evidence to overcome the presumption of validity which attaches to the certificate of acknowledgment. Homoeopathic Mutual Life Ins. Co.v. Marshall,
The filing of a statement executed by a mortgagor and mortgagee that the mortgagor may execute and the mortgagee may accept a series of chattel mortgage transactions under *Page 199
and in accordance with the provisions of R.S. 46:28-5.1, merely makes it unnecessary that the mortgage or instrument mentioned inSec. 46:28-5 be recorded. For a chattel mortgage to be valid, there must be compliance with the provisions of R.S. 46:28-5.O'Dea v. Universal Credit Co., 21 N.J. Misc. 93 (Cir.Ct.,Passaic Co., 1943). To be valid against creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, the affidavit annexed to the chattel mortgage must contain a true and full statement of the consideration. "Honesty is not alone the determinative; completeness of statement is also a prerequisite." Bigel v. Brandtjen Kluge, Inc.,
Judgment will be entered in accordance with these conclusions.