John P. Squire & Co. v. Tellier
Massachusetts Supreme Judicial Court
Bill in equity, filed August 13, and amended October 20, 1903, by John P. Squire and Company, a corporation organized under the laws of New Jersey, to reach and apply, in satisfaction of a debt from the defendants Tellier and Chausse to the plaintiff, a stock of merchandise alleged to have been sold by the defendants Tellier and Chausse to the defendant Hudon without compliance with the provisions of St. 1903, c. 415. The defendant Hudon demurred to the amended bill on the…
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Bill in equity, filed August 13, and amended October 20, 1903, by John P. Squire and Company, a corporation organized under the laws of New Jersey, to reach and apply, in satisfaction of a debt from the defendants Tellier and Chausse to the plaintiff, a stock of merchandise alleged to have been sold by the defendants Tellier and Chausse to the defendant Hudon without compliance with the provisions of St. 1903, c. 415. The defendant Hudon demurred to the amended bill on the ground that the statute named is unconstitutional. In the Superior Court Sheldon, J. overruled the demurrer, and, at the…
1Opinion of the CourtKnowlton, C. J.
The only question for our consideration on the demurrer to this bill is whether the St. 1903, c. 415, is *19constitutional. The first section of this statute is as follows: “ The sale in bulk of any part or the whole of a stock of merchandise, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller’s business, shall be fraudulent and void as against the creditors of the seller, unless the seller and purchaser, at least five days before the sale, make a full, detailed inventory, showing the quantity and, so far as possible with exercise of reasonable…
2Cases cited23 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Lawton v. SteeleSupreme Court of the United States · 1894
- Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
- Frisbie v. United StatesSupreme Court of the United States · 1895
- Plumley v. MassachusettsSupreme Court of the United States · 1894
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3Cited by55 opinions
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
- Lorando v. GethroMassachusetts Supreme Judicial Court · 1917
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Sperry & Hutchinson Co. v. Director of the Division on the Necessaries of LifeMassachusetts Supreme Judicial Court · 1940
- Commonwealth v. StraussMassachusetts Supreme Judicial Court · 1906
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