United Sales Promotion Co. v. Anderson
Ohio Supreme Court
Error to the Court of Appeals of Mahoning county. In September, 1916, Wayne Anderson sold his entire stock and fixtures pertaining to the drug business, which up to that time had been conducted by him in the city of Youngstown, Mahoning county, Ohio, to Walter Zimmerman, in bulk, and not in the ordinary course of trade or in the regular and usual prosecution ,of the business.
Read the full summary
Error to the Court of Appeals of Mahoning county. In September, 1916, Wayne Anderson sold his entire stock and fixtures pertaining to the drug business, which up to that time had been conducted by him in the city of Youngstown, Mahoning county, Ohio, to Walter Zimmerman, in bulk, and not in the ordinary course of trade or in the regular and usual prosecution ,of the business. Walter Zimmerman requested of and received from Wayne Anderson a statement under oath containing a list of creditors of Wayne Anderson, with the names and addresses of the same, and the amount of the indebtedness to…
1Opinion of the CourtDonahue, J.
The act of April 18, 1913 (103 O. L., 462; Sections 11102, 11103 and 11103-1, General Code), is a separate and independent act of the general assembly of Ohio relating to the transfer of a stock of merchandise and fixtures other than in the usual course of trade. It covers *61the whole subject-matter mentioned in its title, and provides a remedy. It has no connection whatever with Section 11104, General- Code, further than that the sections of this act and Section 11104 are intended for the protection of creditors; but Section 11104, General Code, relates to entirely different .transactions,…
2Cases cited2 opinions
- Mars v. McKayCalifornia Supreme Court · 1859
- Patterson v. Peaslee-Gaulbert Co.Court of Appeals of Kentucky · 1917