Fitzhugh v. Munnell
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. Department 1. The plaintiff bought a stock of hardware in bulk from Martin Svarverud, doing business as the Svarverud Hardware Company. Subsequently Munnell & Sherrill, the defendants, obtained judgment on their own and an assigned claim against Svarverud and were about to seize the stock in the hands of the plaintiff on execution, when he brought this suit to enjoin the levy.
Read the full summary
From Lane: George F. Skipworth, Judge. Department 1. The plaintiff bought a stock of hardware in bulk from Martin Svarverud, doing business as the Svarverud Hardware Company. Subsequently Munnell & Sherrill, the defendants, obtained judgment on their own and an assigned claim against Svarverud and were about to seize the stock in the hands of the plaintiff on execution, when he brought this suit to enjoin the levy. The substance of the defense is that Svarverud sold and Fitzhugh bought the stock of hardware in bulk, without executing an affidavit conforming to Section 6069, L. O. L., as…
1Opinion of the CourtBurnett, J.
There is but little, if any, dispute about what are deemed to be the material facts in the case. The statute alluded to makes it the duty of the one who purchases merchandise in bulk to demand and receive from the vendor, at least five days before the ■ consummation of the purchase and at least five days before paying the purchase price or any part thereof, “a written statement under oath containing the names and addresses of all of the creditors of said .vendor, together with the amounts of indebtedness due or owing, or to become due or owing, by said vendor to each of such creditors and, if…
2Cited by8 opinions
- George H. West Shoe Co. v. LemishSupreme Court of Pennsylvania · 1924
- Castleman v. StrykerOregon Supreme Court · 1923
- Butler Bros. v. MasonSouth Dakota Supreme Court · 1924
- Himmelstein v. BachAppellate Division of the Supreme Court of the State of New York · 1941
- Damicus v. KellyNebraska Supreme Court · 1931
3 more not listed; retrieve them via the Exa API.