Fiske Rubber Co. v. Hayes
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. Defendants failed to comply with the Bulk Sales Act and the sale was void. 123 Ark. 285; 185 S. W. 263; 189 Mass. 598; 78 S. E. 51; 127 Ga. 303. A very material portion of the stock was sold. A sale of $39.24 from a stock of $1,500 is not a violation of act. In both of the Arkansas cases cited, the entire stock was sold in bulk.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. Defendants failed to comply with the Bulk Sales Act and the sale was void. 123 Ark. 285; 185 S. W. 263; 189 Mass. 598; 78 S. E. 51; 127 Ga. 303. A very material portion of the stock was sold. A sale of $39.24 from a stock of $1,500 is not a violation of act. In both of the Arkansas cases cited, the entire stock was sold in bulk. Here the sale was of a small portion — an ordinary retail sale — and was not a violation of the act. Act 88, Acts 1913. No effort was made to defraud creditors and the sale was in the ordinary…
1Opinion of the CourtHumphreys, J.
Appellant brought suit to the 1917 April term of the Pulaski County Chancery Court against Robert A. Thompson and Louis H. Dalhoff to recover $377.60 due it on open account by the firm of Thompson & Dalhoff; and against Orlando O. Hayes, J. N. Moxley and W. J. Cox, trading as Hayes Motor Car Company, to charge them as receivers of goods, wares and merchandise purchased by them from Thompson & Dalhoff. It was alleged in the complaint that the Hayes Motor Car Company, composed of Hayes, Moxley and Cox, purchased the stock of merchandise owned by Thompson & Dalhoff in Little Rock, in bulk,…
2Cases cited1 opinion
- Stuart v. Elk Horn Bank & Trust Co.Supreme Court of Arkansas · 1916
3Cited by11 opinions
- Farrow v. FarrowSupreme Court of Arkansas · 1918
- Fisk Rubber Company, Inc. v. Hinson Auto CompanySupreme Court of Arkansas · 1925
- Ramey-Milburn Co. v. SevickSupreme Court of Arkansas · 1923
- Blanchard Co. v. WardWashington Supreme Court · 1923
- D.C. Goff Co. v. First St. Bk. of DequeenSupreme Court of Arkansas · 1927
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