BOYCOTTS AND STRIKES-Continued.
prevent persons, not as yet employed but willing to take em- ployment under the complainant. from entering such employ- ment. Id.
An injunction sustained against "picketing" designed to molest and annoy persons employed or willing to be employed by complainant. Id.... . .
An injunction against a "boycott" sustained. Id......... 219
The "Act relative to persons combining and encouraging other persons to combine" (P. L. 1883 p. 36; Gen. Stat. p. 2344 pl. 23), does not legitimize an invasion of private rights. nor prevent the party injured from having full redress. Id..... 219
BUILDING AND LOAN ASSOCIATIONS-1. A borrowing mem- ber of a building and loan association who executes a mortgage and pledges his shares to the association as security for the money borrowed is not entitled to credit on his mortgage debt for the premiums paid by him. although no affirmative action had been taken by the association in the exercise of its option to declare the entire mortgage debt due by reason of a default of such member in the payment of interest on the mortgage pur- suant to a stipulation therein in that behalf contained, prior to the suspension of business of such association and the appoint- ment of a receiver. FRENCH v. JOHNSON..
2. Such borrowing member is not entitled to stand on the footing of a non-defaulting mortgagor who has lost his rights to the benefits of the consummation of the building association scheme solely by reason of the association's insolvency. Id..... 146
A delinquent borrower against whom a default has been declared, and one similarly delinquent against whom no default has been declared, occupy much the same position so far as their rights are concerned. Id.....
CANCELLATION-1. In a suit by a grantor to set aside a deed reserving a life estate, evidence held not to show that the grantee, taking also a lease of the premises, was to support the grantor and pay the interest on the mortgage on the premises if the lease was terminated by the grantor, and the failure to insert such an agreement in the deed or to make a breach thereof a matter of defeasance did not justify a cancellation of the deed. TYGAR v. COOK....
The grantor in a deed reserving a life estate leased the land to the grantee for a year. It was understood that the lease would be renewed from year to year if the grantor desired. One
of the objects of leasing to the grantee was to secure to the grantor support for life as a member of the grantee's family, and the right of the grantor to a renewal of the lease with the covenant of support from year to year for her life and at her sole option was an essential part of the agreement, which should have been inserted in the deed, and, under the agreement as inserted in the deed, the grantee could abandon the lease at the end of the year.-Held, that the failure to insert the agreement in the deed was a fatal defect, entitling the grantor to its can- cellation. Id.
The court on canceling a deed of land at the suit of the grantor will relieve the grantee from liability on mortgages exe- cuted after the execution of the deed pursuant to an agreement between the parties, and will impose other equitable terms. Id., 300
Bioren v. Nesler, 76 N. J. Eq. 573.
Brindse v. Atlantic City, &c., Assn.. 74 N. J. Eq. 589.
Freeman v. Island Heights H. and I. Co., 75 N. J. Eq. 491. Reversed
Gardner v. Kleinke. 46 N. J. Eq. 90.
Gen. Elec. Co. v. Transit, &c.. Co., 57 N. J. Eq. 460.
CASES CRITICISED—Continued.
Jonas Glass Co. v. Glass, &c., Ass'n, 72 N. J. Eq. 653.
Kelsey r. Dilks. 74 N. J. Eq. 270.
Prudential Ins. Co. of America r. Godfrey, 75 N. J. Eq. 484.
Schlicher . Trenton, &c., Co.
South Amboy v. Pennsylvania Railroad Co.. 76 N. J. Eq. 57.
West End, &c.. Co. v. Wetherill.
Washington Nat. Bank v. Beatty, 75 N. J. Eq. 433.
CEMETERY ASSOCIATIONS-1. 1 Gen. Stat. 1895 p. 349 au- thorized incorporation of rural cemetery associations to hold one hundred and thirty-five acres of land, and cast the manage- ment thereof on trustees elected by the lot owners, and exempted the land from taxation, and provided that the lots from time of interment should be inalienable, and allowed the holding of property in trust to apply income to improvements, and the investment of money accruing from sale of lots for the purpose of improvement of the land, and also provided that at least one- half the proceeds of all sales of lots should be first appropriated to the payment of the purchase-money of the land acquired, until the whole purchase-money should be paid, and the residue used to improve the grounds. and after the land is paid for future earnings from the sale of lots shall go to the improvement and preservation of the cemetery. By supplement of March 14th. 1879 (1 Gen. Stat. p. 351 § 16), it is provided that any creditor, in addition to his right to vote by virtue of owning lots, shall be entitled to one vote for every $400 worth at par value of bonds, "stock," or other duly authorized evidence of debt he may hold against such association. A cemetery association under the act bought land jointly with another association, each taking the limit of land allowed. and gave to the purchaser certificates of shares in the proceeds of the sale of the lots as consideration.-Held, that the statute did not permit the giving of stock which at all times would be a lien on the proceeds, even after the lots were paid for; and hence the certificate issued by the association conferred no legal right. since it did not oblige the company to pay a definite price for the land, and disregarded the provisions obliging the company to appropriate one-half of the proceeds to the improvement of the property. EAST RIDGELAWN ('EMETERY Co. v. FRANK.
Held, also. that though the word "stock" was used in the supplement. it would be considered an inadvertence, and not sufficient to change the scheme of the statute. Id......
3.- Neither would the scheme of the statute permit two com- panies, each holding the limit of land. jointly to buy land. and jointly to give certificates for shares for the purchase price. Id., 36
In a suit for specific performance of a contract to convey land, purchased by a cemetery association, and paid for by the issuance of certificates of stock, the association cannot urge that it is entitled to relief, without passing on the question of the validity of the certificate, when the bill on its face shows, that the certificate was issued in disregard of the scheme of Gen. Stat. p. 349, under which it was organized. and was the only consideration for the purchase. Id.....
CERTIFICATES. SCRIP-See NEGOTIABILITY OF INSTRUMENTS.
CHATTEL MORTGAGES-1. Proof of the execution of a chattel mortgage before a notary public is not a compliance with the provisions of the general act concerning chattel mortgages, re- quiring them to be proved as prescribed by the act respecting conveyances. P. L. 1902 p. 487 §§ 4-6. PARTRIDGE v. ME- CHANICS NATIONAL BANK OF BURLINGTON..
- The circumstance that the notary public was also a com- missioner of deeds and an attorney-at-law does not validate such a chattel mortgage, it appearing that the person taking the proof did not act in either of those capacities, but assumed to do so in his capacity of notary. Id... . . . .
3. The contention that because the proof of a corporate deed may be made by an affidavit, and that under the general act respecting oaths and affidavits (P. L. 1900 p. 320) they may be taken before a notary and heard. such a mode of proving the execution of a chattel mortgage examined and declared to be non-sustainable. Gen. El. Co. v. Transit Equipment Co., 57 N. J. Eq. (12 Dick.) 460, distinguished. Id.......
Where, before giving a second chattel mortgage, the mort- gagor paid the mortgagee's transferee $25 monthly, as previously agreed, and the second mortgage given to the transferee pro- vided for like payments, monthly payments of $50 were properly applied equally to the two mortgages. COLLERD v. TULLY...... 439
5. A chattel mortgage covering all the goods and chattels mentioned in an annexed schedule "and now" in a certain stable, the schedule specifying horses, &c., and providing that all horses, &c.. bought by the mortgagor during the life of the mortgage should become subject to the lien, covered after-acquired prop- erty. Id.
A chattel mortgage need not be in any particular form.
A chattel mortgage description is sufficient if it designates the property clearly enough to enable one to determine what property is meant, and this results if the language puts one on inquiry in such way as to necessarily lead to knowledge of the property intended to be mortgaged. Id......
A chattel mortgage will be construed to cover after-acquired property if the court under the terms of the mortgage would have decreed specific performance of a contract to sell or pledge it. Id. ....
Property to which one may acquire title in the future can be validly mortgaged. Id................
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