The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1909-02-27
Chattel Mortgage for $500
Declared in Receivers Suit
to Be Spurious.
MINUTES FALSIFIED IT..
IS ASSERTED IN BILL
Alleged Attempt to Illegally Ac.
qnire Property Of Spring
field Ave. Concern.

Charging the former president and a
director of the insolvent National Brew
ing Company, of 5s2 Springfield avenue,
with fraud in falsifying the minutes of
the company and attempting to loot
the concern OF. $500. when its finances
were at their lowest ebb, Elwood c.
Moore, receiver of the brewery. has
filed suit In Chancery Court attacking
the validity Of a. chattel mortgage for
null and void
Harry Dreier, son of Samuel p
Dreier, one of the former directors. and
Charles P. Senger, formerly president
OF the concern both Of Plainfeld are
the defendants in the action. Former
Mayor Isaac Shoenthal, of Orange. who
was also director at the time Of the
alleged irregularities, Is mentioned in
the bill, but is not named as party
to the granting Of the alleged fraudu-
lent mortgage.
In his bill, filed by Francis C. Low
thorp his law partner. Mr. Moore sets
forth that he was appointed receiver
or the firm in March, 1908, and at once
began an investigation of the com
psny's books.
Meeting Never Held.
Z He discovered, he says. that at a
meeting which was supposed to have
been held June 10, 1906. but which he
charges was never held, Senger and
Samuel Dreier. a majority of the direc-
JOTS. aXRnyltoA n .l1.af ftaI -
s2,s00 to Harry Droier. Samuel Dreier's
son, in consideratic nonev TO be
turned into the tres 2 Il. the concern,
The chattel ~, pa Mr.. Moore
goes on to say, " I'D by Senger
as president and hcrc ,ne corporation
seal. although 1t WAS never attested
by the secretary. 1t expired December
1. 1906. and covered the following prop
erty belonging to ti1s brewery:
Ten fermenting tubs twenty i've
casks. and contents, 147 bags of malt,
six bales of hops, one brewing kettle,
fourteen mesh tubs with false bottoms,
one kneader, one kettle, 800 half bar
rels, and 200 quarter barrels of malt, a
portion Of the property then lying in
the Irvingtnn freight station of the Le-
high Valley railroad.
When the concern was adjudged in !.
solvent. the bill alleges, Harry Dreier
presented the alleged chattel mortgage
as lien. and demanded face value
and interest. The chattel mortgage.
Mr.. Moore declares. is recorded in a
book, purporting to be the minutes of
the concern, surrendered to hin, by
Senger when the insolvency proceed
ings were brought
But the receiver believes and is
credibly informed the bill states, ''and
charges that the minutes were falsely
and fraudulently entered into said
book by Charles F. Senger; that no
such meeting of directors was in fact
held and that Director Isaac Shoenthal
received no notice of any such meet
ing f
No Money Paid.
That the said Harry Dreier neither
paid nor loaned any such sum of
money to the company at any time;
that the instrument was recorded by
Senger for the principal, if not ex-
elusive, purpose of hindering, delay
Ing or defrauding the creditors of the
company then suing or about to sue
in the collection of their claims
The receiver therefore charges that
the pretended chattel mortgage is
fraudulent and void and without any
consideration whatsoever and executed
without proper or lawful authority.
No answer has yet been filed. Frank
Bradner represents the defendants.