Kidd, Dater & Price Co. v. Musselman Grocer Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The facts, which involve the constitutionality of the Sales-in-Bulk Act of 1905 óf Michigan, are stated in the opinion.
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ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The facts, which involve the constitutionality of the Sales-in-Bulk Act of 1905 óf Michigan, are stated in the opinion. The enforcement of the act deprives a merchant of his property without due process of law, by making it extremely' difficult, if not impossible, whenever he may be in- debt, as he usually is when he makes such a sale, to sell his stock otherwise than in the ordinary course of trade, even though he may desire to make the sale-for honest purposes. The requirements for an inventory and list of creditors im- - pose…
1Opinion of the CourtJustice White
This case involves the inquiry whether Act No. 223 of the Public Acts of the State of Michigan of the year 1905, commonly known as ,the “ Sales-in-Bulk Act,” is repugnant to the Fourteenth Amendment. The act is copied, in the margin. 1. The controversy thus arose: Early in the year 1906 Frank B. Ford operated, a store in the village of Berrien. Springs, Michigan, consisting of various departments — hardware, ■ grocery, meat market and furniture department and buggies and machinery department. . Prior to May 23, 1906; Ford made sale of the stock-included in the buggies and machinery…
2Cases cited2 opinions
- Booth v. IllinoisSupreme Court of the United States · 1902
- Lemieux v. Young, TrusteeSupreme Court of the United States · 1909
3Cited by42 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Motlow v. StateTennessee Supreme Court · 1911
- Brazee v. MichiganSupreme Court of the United States · 1916
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