Owosso Carriage & Sleigh Co. v. McIntosh & Warren
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Brown County. The Owosso Carriage & Sleigh Company brought suit against one Sweet and issued garnishment against McIntosh & Warren, on which they recovered judgment. This was on appeal reversed and remanded with instructions to render judgment for the garnishees. The company thereupon obtained writ of error.
1Opinion of the CourtJustice Yantis
This case involves, as the main questions, the constitutionality of what is commonly known as the “Bulk Sales” law, passed by the Thirty-first Legislature, and the effect of the service of the writ of garnishment upon the proceeds of the sale of merchandise which was purchased by McIntosh & Warren, defendants in error, at private sale, and not in the ordinary course of trade, but in bulk, and in violation of all the provisions of said “Bulk Sales” statute, and afterwards resold by them and converted into cash prior to the service of the writ of garnishment upon them, which was issued at the…
2Cases cited13 opinions
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Holloway Seed Co. v. City National BankTexas Supreme Court · 1898
- Kohn v. FishbachWashington Supreme Court · 1904
- Musselman Grocer Co. v. Kidd, Dater & Price Co.Michigan Supreme Court · 1908
- Ferguson v. HillmanWisconsin Supreme Court · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Fischer v. Rio Tire Co.Texas Commission of Appeals · 1933
- Gerlach Mercantile Co. v. Hughes-Bozarth-Anderson Co.Court of Appeals of Texas · 1916
- Oregon Mill & Grain Co. v. HydeOregon Supreme Court · 1918
- Texas Bank & Trust Co. v. TeichCourt of Appeals of Texas · 1926
- Settegast v. Second National BankTexas Supreme Court · 1935
27 more not listed; retrieve them via the Exa API.