Joplin Supply Co. v. Smith
Missouri Court of Appeals
Appeal from Jasper Circuit Court. Division No. Two. —Eon. David E. Blair, Judge. (1) The creditor's referred to in section 1, Laws 1913, page 163, commonly called “Bulk Sales Law,” include all creditors of the vendor and is not limited in its scope to the creditors who have sold and delivered merchandise to the debtor.
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Appeal from Jasper Circuit Court. Division No. Two. —Eon. David E. Blair, Judge. (1) The creditor's referred to in section 1, Laws 1913, page 163, commonly called “Bulk Sales Law,” include all creditors of the vendor and is not limited in its scope to the creditors who have sold and delivered merchandise to the debtor. People’s Savings B:ank v. Van Allsbnrg (Mich.), 131 N. W. 101; Shirt & Collar Co. v. Windham, 131 N. W. 102. (2) Provisos appended to legislative enactments are not intended to impair or destroy the main purposes or to enlarge the meaning or effect of the statute to which they…
1Opinion of the CourtFarring-Ton, J.
This case was tried in the circuit court of Jasper county on the following agreed statement of facts:
“C. C. Smith and wife were merchants operating a store at Purcell, Mo. That said company became indebted to plaintiff in the sum of forty dollars for merchandise sold to the company. That on the 12th day of July, 1913, C. C. Smith and wife sold to inter-pleader their stock of goods, said sale being in bulk, for the sum of $502. That Smith and wife executed and delivered to interpleader a bill of sale, acknowledged, with affidavit attached, setting out the fact that said goods were free, and…
Also in this document: Concurrence.
2Cases cited17 opinions
- Kohn v. FishbachWashington Supreme Court · 1904
- Musselman Grocer Co. v. Kidd, Dater & Price Co.Michigan Supreme Court · 1908
- State ex rel. Kemper v. CarterSupreme Court of Missouri · 1914
- Nash Hardware Co. v. MorrisTexas Supreme Court · 1912
- Hart v. RoneyCourt of Appeals of Maryland · 1901
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3Cited by20 opinions
- Allen Estate Ass'n v. Fred Boeke & SonSupreme Court of Missouri · 1923
- Ball v. the Mercantile Trust Co.Missouri Court of Appeals · 1927
- Mississippi Valley Trust Co. v. SmithSupreme Court of Missouri · 1928
- Burnett v. TrimmellSupreme Court of Kansas · 1918
- Hartwig v. RushingOregon Supreme Court · 1919
15 more not listed; retrieve them via the Exa API.