The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-11-18
TURNER'S FAIL URE.
Three Chattel Mortgages
Aggregating $4,000
Filed the Day Before
He Assigned.
ALL IN THE FAMILY
One to His Wife, One to His
Brother, a Third to
a Friend.
NOTHING LEFT FOR CREDITORS
But BrinkerhOff & Fielder Will
Try to Have the Chattel Mort
cages Set Aside.
NOTHING LEFT FOR CREDITORS

AS the result of a discovery made in the
business affairs of William H. Turner,
who until recently carried on a grocery
business on Montgomery street and on
Monticello avenue and who two months
ago made an assignment to Mr.. Nelson
J. H. Edge. a Chancery suit was begun
this afternoon which, when it comes up
for trial before Chancellor McGill, will
reveal some facts of a startling nature
In October last j. P. Smith & Co, fancy
grocers of Hudson street, New York, OBJ
tanned judgment against Mr.. Turner for
about s1.2O0. Tneir counsel. Messrs. Brink
erhoff and Fielder, in proceeding to look
up the assignment made by Mr.. Turner
for the benefit of his creditors on Septem-
Der rs preceding, and which assignment
showed the nominal assets to be about
LOCO, were astonished to find that on the
day before. September 25 Mr. Turner had
executed three chattel mortgages. amount
ing in the aggregate to $4,000, covering
his property.
One of these mortgages was to his wife,
Mrs. Mathilda De Lara Turner, the other
to his brother, James R. Turner, and the
third to his friend, John J. Behringer, an
agent for the champagne house of Moet
& chandon.
These mortgages covered all of Mr.
Turner's personal property, the stock ard
fixtures in both stores, the horses and
wagons in the stable on Morris street,
and all his book accounts in both stores.
In fact the property named in the mort
cages We're identical with that narned in
the assignment the day after to Mr. Edge.
Mr.. Edge. by order of the court, pro-
ceeded to dispose of the stock and goods
and chattels, realizing the sum of about
$4,000 The book debts he is at present
cPllecting, and he says that he Will be
#Able to collect at least s10,00o making a
sstat of $4,000 as the proceeds of his re-
ceivership.
Out of this sum he would. if Messrs.
BrinkeFhof & Fielder had not intervened,
nave been obliged to pay off the chattel
mortgages, deduct the expenses of the as
-signment, and what was left. if any could
be left would go to the creditors
When the lawyers made the discovery
they at once took the ground that under
the assignment act the chattel mort
cages We're invalid, because that act ex-
pressly says that where an assignment
contains the preference of one creditor
over another that assignment shaN be
void
They also held that the chattel mort
gagees knew Mr.. Turner was going to
assign his property and they accepted
the deeds with full knowledge of the pro
ceedings to be taken the day after.
Accordingly Mr.. James F. Fielder yes
terday prepared a bill asking Chancellor
McGiH to set aside these chattel mort
cages on the ground that the giving of
these mortgages and the making of the
assignment to Mr.. Edge were one and the
same act. and, therefore, created a pref
erenee which under the assignment act
renders such mortgages void
Messrs. Brinkerhoff & Fielder go fur
fher They ask the Chancellor to de-
clare the assignment void and direct the
assignee, Mr.. Edge, to pay out of the
$4,000 in his hands, the Judgment of their
clients, Messrs. Smith & Co.
Chancellor McGin will fix a dav for
trial and the testimony will, it is said
reveal some queer things
Besides the suit begun by Messrs
Brfakerhof & Fielder against Mr.. Turn
er, there is one begun by Messrs. Me.
Dermott & Fisk for Strauss. Pritz &
Company of Cincinnati, o. This firm sup
piled Mr.. Turner with whiskey. and when
they heard of the chattel mortgages they
also filed suit to set them aside.
In all probability the remaining credi-
tors will come in and join in the legal
proceedings now inst haour