1. The affidavit attached to a chattel mortgage must truthfully state the consideration, and any substantial deviation from the truth, however honestly made, will invalidate the mortgage as against creditors.
2. The Chattel Mortgage act ( 1 Comp. Stat. p. 463 § 4) provides that the affidavit annexed to a chattel mortgage shall state the consideration therefor and as nearly as possible the amount due and to grow due thereon. In the instant case each chattel mortgage stated the consideration as being an amount greater than the true consideration. In consequence, the mortgages were voided against creditors of the mortgagor.
3. The true consideration for a chattel mortgage must be set out in the affidavit annexed thereto, not merely particularly but completely. The whole instrument must stand or fall together, so that a partial compliance will not validate a chattel mortgage even to the extent of the consideration which is truthfully set forth.
PER CURIAM.
The order appealed from will be affirmed, for the reasons stated in the opinion filed in the court of chancery by Vice-Chancellor Egan.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 12.
For reversal — DONGES, COLE, JJ. 2.
For modification — HEHER, J. 1.