Legal Opinion

Riley Pennsylvania Oil Co. v. Symmonds

Missouri Court of Appeals

Decided December 18, 1916PublishedCited by 8 opinions

Appeal from Adair Circuit Court. — Hon. C. D. Stewart, Judge.

1Opinion of the Court

ELLISON,' P. J.

Defendant Symmonds, owned a stock of merchandise and was indebted to plaintiff. He sold the stock in bulk to Tritch. Neither of them complied with the Sales in Bulk statute in Laws 1913, page 163. Plaintiff brought an action by attachment and garnished Tritch. The trial court found for Tritch and plaintiff comes here for relief.

The case involves a construction of the statute just mentioned. It is provided in section 1, that any sale of the whole or greater part of a stock of merchandise, otherwise than in regular course of trade shall be fraudulent and void as against all…

2Cases cited15 opinions

  1. Kohn v. FishbachWashington Supreme Court · 1904
  2. Musselman Grocer Co. v. Kidd, Dater & Price Co.Michigan Supreme Court · 1908
  3. Borschall v. Detroit RailwayMichigan Supreme Court · 1898
  4. Joplin Supply Co. v. SmithMissouri Court of Appeals · 1914
  5. Brown v. PattersonSupreme Court of Missouri · 1909

10 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Gardner v. Goodner Wholesale Grocery Co.Texas Supreme Court · 1923
  2. State ex inf. Taylor v. Pretended Consolidated School District No. 3Supreme Court of Missouri · 1951
  3. Brown Shoe Co. v. SacksMissouri Court of Appeals · 1919
  4. Gallup v. RhodesMissouri Court of Appeals · 1921
  5. Vaughan v. TylerMissouri Court of Appeals · 1920

3 more not listed; retrieve them via the Exa API.

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