215 F. 129 | D.N.J. | 1914
“That nothing herein contained shall be deemed or held to protect from sale, under execution or other process, any goods, chattels or property, lor the purchase whereof the debt or demand for which the judgment, on which such execution or process was issued, shall have been contracted.”
This proviso, the petitioner contends, gave it an inchoate lien upon the property in question which became perfected by the recovery of the judgment and the issuing of the execution. I cannot so construe it. It was not intended to confer any rights on the unpaid vendor, as against other judgment creditors of the vendee. Its application is confined solely to the unpaid vendor and the vendee. Its manifest purpose is to prevent one who has purchased goods and not paid for them from perpetrating a fraud upon the seller. Were it not for this proviso, an unscrupulous person could purchase goods, fail to pay for them, and when sued for the purchase price prevent satisfaction of the judgment by claiming an exemption of the very goods, for the purchase price of which the judgment had been recovered. It was, I think,
The case cited by counsel for petitioner in support of this latter contention (Neary v. Hinckley, 4 N. J. Law J. 121) not only fails to sustain it, but, as far as I can see, in no way touches it.
The order of the referee will be affirmed.