Turner v. Drees Hardware & Furniture Co.
Missouri Court of Appeals
Appeal from Butler County Circuit Court. — Hon. Almon Ing, Judge.. (1) The deed of trust from Drees Hardware & Furniture Company to interpleader R. I. Cope, was fraudulent and void because said Company did not comply with the terms of the “Bulk Sales Law” in making said deed. See LaAvs of Missouri, 1913, page 163, 164, 165. (2) The Bulk Sales Law applies to deeds in the nature of an assignment for the benefit of creditors.
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Appeal from Butler County Circuit Court. — Hon. Almon Ing, Judge.. (1) The deed of trust from Drees Hardware & Furniture Company to interpleader R. I. Cope, was fraudulent and void because said Company did not comply with the terms of the “Bulk Sales Law” in making said deed. See LaAvs of Missouri, 1913, page 163, 164, 165. (2) The Bulk Sales Law applies to deeds in the nature of an assignment for the benefit of creditors. The statute provides that its terms shall apply to: “The' sale, trade or other disposition of the major part in value, or the Avhole of a stock of merchandise, etc.” The…
1Opinion of the CourtBradley, J.
The defendant, Drees Hardware & Furniture Company, conducted a retail store in Poplar Bluff, and was in failing circumstances. It owed plaintiff $350 for rent on the building it occupied. On February 7, 1920, defendant company attempted to convey by written instrument called a deed of trust all of its stock of merchandise of the value of about $5000, and its notes and accounts, to Robert I. Cope in trust for the benefit of creditors. Immediately after this conveyance the trustee took possession and proceeded to take an invoice. On February 10,, 1920, plaintiff commenced proceedings in the…
Also in this document: Concurrence.
2Cases cited8 opinions
- Kasper v. Spokane Merchants' Ass'nWashington Supreme Court · 1915
- McAvoy v. JenningsWashington Supreme Court · 1905
- Reitz v. HaywardMissouri Court of Appeals · 1903
- Woodson v. CarsonSupreme Court of Missouri · 1896
- Balter v. CrumMissouri Court of Appeals · 1918
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3Cited by3 opinions
- Cardiff Gypsum Plaster Co. v. Hales Coal & Material Co.Appellate Court of Illinois · 1925
- M. L. Barrett & Co. v. ChiltonSupreme Court of Missouri · 1924
- Northrup National Bank v. FranklinMissouri Court of Appeals · 1921