Dunham v. Cramer

• Decision Date: 11 April 1902
• Parties: DUNHAM v. CRAMER et al.
• Court: New Jersey Court of Chancery

51 A. 1011
63 N.J.E. 151

DUNHAM
v.
CRAMER et al.

Court of Chancery of New Jersey.

April 11, 1902.

51 A. 1012

(Syllabus by the Court.)

Bill by John W. Dunham against William M. Cramer and others. Decree for complainant.

The complainant, John W. Dunham, recovered and entered a judgment against the defendant William M. Cramer, which he caused to be docketed in the court of common pleas of Cape May county, and afterwards in the supreme court of this state, on the 16th day of May, 1900, for the sum of debt and costs, amounting to $131.68. He caused execution thereon to be issued to the county of Cape May on March 25, 1901, upon which certain household goods, hotel goods, furniture, stock, fixtures, and cigars were levied upon by the sheriff of Cape May county, and the execution returned. The complainant thereupon filed the bill of complaint in this cause, charging that the defendant William M. Cramer on July 8, 1898, after the debt on which his judgment is founded had accrued and had become due and payable, in order to secure his property for his own use, and to protect it from the claim of the complainant, and to hinder the complainant from collecting his debt fraudulently made a paper purporting to be a chattel mortgage to his brother, Lewis W. Cramer, expressed to be upon the consideration of $1, and a further consideration that the mortgagor, William M. Cramer, should pay the mortgagee, Lewis W. Cramer, a certain promissory note for $800, dated July 8, 1898, which pretended chattel mortgage, the bill of complaint charges, is claimed to be a lien upon the same goods and chattels which he has so as aforesaid levied upon under his said judgment and execution, and that this claim has so prevented complainant that he has been unable to realize anything on his said execution and levy. The complainant charges that the said pretended chattel mortgage was not given to secure any good, valid, or subsisting debt owing by said William M. Cramer to said Lewis W. Cramer, and that at the time of its execution the said William M. Cramer was a married man, and that his wife did not join in its execution, as under the statute in such case made and provided she should have done; that the alleged chattel mortgage was not accompanied by a delivery or change of possession of the goods mortgaged; that it has not annexed to it, nor is it accompanied by, any affidavit made by the holder thereof, his agent or attorney, stating the consideration of the said mortgage, or the amount due or to grow due thereon; and that said complainant's chattel mortgage was not recorded in the manner required by law. The complainant further charges that the said chattel mortgage is, as to him, the said complainant a creditor of said William M. Cramer, the alleged chattel mortgagor, fraudulent, void, and of no effect. The complainant prays that defendants William M. Cramer and Lewis W. Cramer, or one of them, may be decreed to pay the amount due on his judgment and execution; that the alleged chattel mortgage may be declared to be null and void; and that the goods and chattels named therein may be sold, discharged of the same under the complainant's said writ of execution, and may be applied in satisfaction of complainant's debt. The complaint makes defendants William M. Cramer, the chattel mortgagor, and Lewis W. Cramer, the chattel mortgagee. Shortly after the filing of the original bill of complaint and before...