Legal Opinion

Pennell v. . Robinson

Supreme Court of North Carolina

Decided December 13, 1913PublishedCited by 11 opinions

Appeal by plaintiff from JBragaw, Jat August Term, 1913, of BUNCOMBE. Civil action tried upon these issues: 1. Did the defendants' purchase the stock of merchandise of M. J. McElreath & Son otherwise than in the ordinary course of trade and the usual prosecution of their said business, while they were indebted to various creditors, without giving any notice of said purchase and sale to said creditors? Answer: Yes. 2. Did the defendants purchase said goods in good faith and…

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Appeal by plaintiff from JBragaw, Jat August Term, 1913, of BUNCOMBE. Civil action tried upon these issues: 1. Did the defendants' purchase the stock of merchandise of M. J. McElreath & Son otherwise than in the ordinary course of trade and the usual prosecution of their said business, while they were indebted to various creditors, without giving any notice of said purchase and sale to said creditors? Answer: Yes. 2. Did the defendants purchase said goods in good faith and for a fair price, paying for the same, without knowledge of the .insolvency of said M. J. McElreath & Son, or that they…

1Opinion of the CourtBrown, J.

Tbis is an action brought by tbe plaintiff as trustee in bankruptcy of M. J. McElreatb & Son, bankrupts, to recover possession of, or tbe value of, tbe stock of merchandise sold by M. J. McElreatb & Son to tbe defendants.

It is admitted that tbe defendants purchased tbe stock of goods at tbe time plaintiffs were indebted to various creditors, without a compliance with tbe provisions of tbe statute regulating “sales in bulk,” and that they paid a fair price for tbe same; that tbe same was purchased in good faith, and without legal knowledge or notice of tbe insolvency of tbe bankrupts, or that…

2Cases cited4 opinions

  1. Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
  2. Cantrell v. KingTennessee Supreme Court · 1911
  3. Cox v. Wall.Supreme Court of North Carolina · 1903
  4. Wm. R. Moore Dry Goods Co. v. Rowe & CarithersMississippi Supreme Court · 1910

3Cited by11 opinions

  1. Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
  2. Gallup & Co. v. RozierSupreme Court of North Carolina · 1916
  3. Merchants National Bank v. PackSupreme Court of North Carolina · 1919
  4. Raleigh Tire & Rubber Co. v. MorrisSupreme Court of North Carolina · 1921
  5. Armfield Co. v. . SaleebySupreme Court of North Carolina · 1919

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