Gambrinus Stock Co. v. Weber
Gambrinus Stock Co. v. Weber
Opinion of the Court
This litigation was caused by the careless and imperfect manner in which the verified statement of the
“ Statement oe Claim.
“ The State of Ohio, ) gg Hamilton County, [
“ Mortgagee, named in this mortgage being duly sworn, makes oath and says that claim against mortgagors, of which a true'statement is hereto annexed, amounts to the sum of one thousand dollars ($1,000), and that said claim is just and unpaid.
“ Sworn to and subscribed before me, a notary public, in and for said county, this 25th day of April, A. D., 1879.
“ Chas. Phares,
[seal.] Nótary Public, Hamilton county, Ohio.”
This statement is imperfect in that it is not signed by the agent of the corporation making it. We are of the opinion that this fault}r statement is sufficient prima facie, and that the mortgage is good as against subsequent judgment creditors, unless they are able to show that the statement was not in fact verified by a proper agent of the company. The words of the statute requiring the mortgagee to place a verified statement on a chattel mortgage are as follows:
* * * “ that the mortgagee, his agent or attorney, before the filing of such instrument with the township clerk, or in the office of the recorder of the county as contemplated by said act, shall, in case the said instrument shall have been given to secure the payment of a sum of money only, enter thereon a true statement in dollars and cents of the amount of his claim, and that it is just and unpaid, * * * which statement shall be verified before some justice of the peace or other officer authorized to administer oaths.”
The' object sought to be attained in having a chattel mortgage filed, as is required in our state, is to give notice to the world of the condition of the mortgaged property. So also
Judgment reversed-
Reference
- Full Case Name
- The Gambrinus Stock Company v. Weber
- Status
- Published