Moore Mfg. Co. v. Billings
Oregon Supreme Court
From Multnomah: Melvin C. George^ Judge. Statement by Mr. Ciiiee Justice Wolverton. This is a creditors5 suit by the Moore, Schafer Shoe Mfg. Co. against Moses Billings and others, by which it is sought to set aside a certain chattel mortgage and sale, made thereunder of a stock of merchandise, because in alleged contravention of the statute relating to the sale and transfer of goods in bulk, and as fraudulent and void as to the creditors of the defendant Billings.
Read the full summary
From Multnomah: Melvin C. George^ Judge. Statement by Mr. Ciiiee Justice Wolverton. This is a creditors5 suit by the Moore, Schafer Shoe Mfg. Co. against Moses Billings and others, by which it is sought to set aside a certain chattel mortgage and sale, made thereunder of a stock of merchandise, because in alleged contravention of the statute relating to the sale and transfer of goods in bulk, and as fraudulent and void as to the creditors of the defendant Billings. The succession of events leading up to the institution of the suit are, in brief, as follows: The plaintiff is a creditor of…
1Opinion of the CourtChief Justice Wolverton
1. The question for our determination is whether, under the complaint, the plaintiff is in a position to maintain a suit against the defendants. Preliminarily it must be observed that the plaintiff has no lien on the goods by virtue of the alleged levy of the writ of attachment issued in the action instituted against Billings and recovered on its demand. There was no order entered adjudging the property to be sold at the time of the rendition of the judgment in the action. This was tantamount to a waiver of the attachment lien if one was legally and regularly obtained, and a liberation of the…
2Cases cited15 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Pickens v. RoySupreme Court of the United States · 1902
- Glenny v. LangdonSupreme Court of the United States · 1878
- Trimble v. WoodheadSupreme Court of the United States · 1881
- Moyer v. DeweySupreme Court of the United States · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
- Goodnough Mercantile Co. v. GallowayOregon Supreme Court · 1906
- Mertens v. Northern State BankOregon Supreme Court · 1913
- Lount v. HolladayArizona Supreme Court · 1925
- First Nat. Bank v. McKeanCourt of Appeals for the Ninth Circuit · 1922
8 more not listed; retrieve them via the Exa API.