Ewaniuk v. Rosenberg
North Dakota Supreme Court
Erom a judgment of the District Court of Stark County, Grawford, J., defendants appeal. The statute, § 7224 of the Bevised Codes of 1913, known as the Bulk Sales Law, is unconstitutional. It applies only to merchants, and then to those who are able to pay, as well as to those who are insolvent. A good, responsible merchant cannot sell any considerable quantity or unusual Amount of his stock without giving to the creditors the notice required by this statute.
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Erom a judgment of the District Court of Stark County, Grawford, J., defendants appeal. The statute, § 7224 of the Bevised Codes of 1913, known as the Bulk Sales Law, is unconstitutional. It applies only to merchants, and then to those who are able to pay, as well as to those who are insolvent. A good, responsible merchant cannot sell any considerable quantity or unusual Amount of his stock without giving to the creditors the notice required by this statute. The law is unjust and unreasonable if intended to «over such a transaction. Everett Produce Co. v. Smith Bros. 40 Wash. 566, 2…
1Opinion of the CourtChristianson, J.
On December 10, 1913, and for some time prior thereto, the defendant Jacob Rosenberg owned and operated a clothing store at Dickinson. The plaintiffs at this time were operating a store at Gorham. On December 10, 1913, the plaintiffs purchased from the defendant Jacob Rosenberg certain clothing, which they intended to-place and did place on sale in their store at Gorham. The total price paid by plaintiffs, exclusive of all discounts allowed them,, was $152.50. The plaintiff Strilczuk personally selected all the clothing so sold and paid for the same at that time. Upon the invoice of the…
2Cases cited6 opinions
- Wright v. . HartNew York Court of Appeals · 1905
- Lemieux v. Young, TrusteeSupreme Court of the United States · 1909
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Hart v. BrierleyMassachusetts Supreme Judicial Court · 1905
- Soly v. AasenNorth Dakota Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McMillen v. NelsonNorth Dakota Supreme Court · 1921
- Griffin v. Allis-Chalmers ManufacTuring Co.North Dakota Supreme Court · 1934