Rice v. West
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Department 2. Statement by Mr. Justice Harris. Elver L. Rice, -doing business under the name of American Standard Jewelry Company, delivered some jewelry-to K. C. West and Fare West, who owned and conducted a drugstore. The Wests afterward sold all the fixtures and the entire stock of drugs to F. E. Hume, who did not, however, take over any of the jewelry.
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From Multnomah: Robert Gr. Morrow, Judge. Department 2. Statement by Mr. Justice Harris. Elver L. Rice, -doing business under the name of American Standard Jewelry Company, delivered some jewelry-to K. C. West and Fare West, who owned and conducted a drugstore. The Wests afterward sold all the fixtures and the entire stock of drugs to F. E. Hume, who did not, however, take over any of the jewelry. Rice subsequently obtained a judgment against the Wests, and, having garnished Hume, is now endeavoring to hold the garnishee liable for the amount of the judgment on the theory that the sale to…
1Opinion of the Court
Mu. Justice Harris
delivered the opinion of the court.
When the action was commenced in the District Court the relation of debtor and creditor did not exist between Hume and the Wests, because the purchase price had been paid in full, and as between the sellers and the purchaser the latter had become the owner of the property, so that he neither owed the Wests money nor held any of their property. The validity of the judgment which Eice obtained against Hume in the garnishment proceeding must therefore depend upon the Bulk Sales Act and the statutes regulating attachments.
Before proceeding with…
2Cases cited6 opinions
- Case v. NoyesOregon Supreme Court · 1888
- Smith v. ConradOregon Supreme Court · 1892
- Caldwell Backing & T. Co. v. PorterOregon Supreme Court · 1908
- Williams v. GallickOregon Supreme Court · 1884
- Lee v. Gillen & BoneyNebraska Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Oregon Mill & Grain Co. v. HydeOregon Supreme Court · 1918
- Harpham Bros. v. PerrySupreme Court of Kansas · 1925
- Midland Shoe Co. v. A. L. & K. Dry Goods Co.Court of Appeals of Texas · 1927
- Castleman v. StrykerOregon Supreme Court · 1923
- Coleman v. CostelloSupreme Court of Kansas · 1924
1 more not listed; retrieve them via the Exa API.