Lippincott v. Shivers

• Decision Date: 25 February 1916
• Docket Number: No. 41/97.,41/97.
• Citation: 86 N.J.Eq. 59,97 A. 269
• Parties: LIPPINCOTT et al. v. SHIVERS et al.
• Court: New Jersey Court of Chancery

97 A. 269

86 N.J.Eq. 59

LIPPINCOTT et al.

v. SHIVERS et al.

No. 41/97.

Court of Chancery of New Jersey.

Feb. 25, 1916.

Bill between Charles A. Lippincott and another, copartners trading as C. A. Lippincott & Bro., and Harry A. Shivers, and others. On return of order to show cause. Order to show cause discharged.

George B. Evans, of Camden, for complainants. Davis & Davis, of Camden, for defendants.

LEAMING, V. C. The single question here involved is whether the affidavit annexed to defendant's chattel mortgage satisfies the requirements of our statute.

The affidavit is as follows:

"Geo. T. Middleton, the mortgagee in the foregoing mortgage named, being duly sworn, on his oath says that the true consideration of said mortgage is as follows, viz.: Three promissory notes payable at the Moorestown National Bank, as $307.26, with interest, $637.88, with interest, and $40, with interest, bearing date in order as follows: 10-26-1909, 4-29-1915, 7-26-1915, on demand, amounting to ten hundred and seventy-two dollars and twenty cents ($1,072.20) which was given to Geo. T. Middleton, mortgagee, for store account and money advanced—and that there is due on said mortgage the sum of ten hundred and seventy—two dollars and twenty cents ($1,072.20) due one day from date, besides lawful interest thereon from the 30th day of October, A. D. 1915."

The statutory requirement is that the affidavit shall state "the consideration of said mortgage and as nearly as possible the amount due and to grow due thereon."

The affidavits filed at the return of the order to show cause adequately establish that the chattel mortgage affidavit here in question was true and entirely accurate to the following extent: There was due to the mortgagee from the mortgagors at the time the mortgage was executed the sum named in the affidavit annexed to the mortgage, and that indebtedness was evidenced by three several promissory notes held by the mortgagee of the dates and amounts specified in the affidavit, and these three promissory notes had been given to the mortgagee for "store account and money advanced."

The details of the transactions between the parties to the mortgage which disclose more specifically the origin and history of the notes and the indebtedness which they represent, and which are not included in the affidavit annexed to the mortgage, relate almost wholly to the old note of October 26, 3909. That note, it is now shown, was given to the mortgagee on the day it bears date by Joseph C. Shivers for supplies from the store of the mortgagee. Joseph C. Shivers subsequently died intestate leaving a widow, Rebecca Shivers, one of the mortgagors, and a son, Harvey A. Shivers, the other mortgagor.

The deceased at the time of his death still owed the present mortgagee the note referred to, and was also indebted to others in small amounts. The chattels covered by the present mortgage are farming implements and farm stock which were owned by Joseph C. Shivers at the time of his death. To...