Griffin v. Batterall Shoe Co.
Supreme Court of Arkansas
Appeal from Boone Chancery Court; B. F. McMahan, Chancellor; 1. It was not necessary to furnish a list of creditors who had no goods in the Whitaker stock at the time of the sale.
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Appeal from Boone Chancery Court; B. F. McMahan, Chancellor; 1. It was not necessary to furnish a list of creditors who had no goods in the Whitaker stock at the time of the sale. If these creditors had no interest in the goods, they would have no interest in the money received for them in the sale to Griffin, and, under the Bulk Sales Law, they are without remedy so far as the stock of goods is concerned. 185 S. W. 263. 2. The court erred in refusing to allow the exemptions as claimed by Whitaker. 54 Ark. 193; 79 Ark. 399; 52 Ark. 101; 68 Ark. 102. 1. The statute gives creditors generally…
1Opinion of the Court
HART, J.,
(after stating the facts). Our statute prohibiting sales of merchandise or goods in bulk without compliance with prescribed conditions as to inventory and notice to creditors has been upheld and all such sales are void. Stuart v. Elk Horn Bank & Trust Co., 123 Ark. 285, and Fisk Rubber Co. v. Hayes, 131 Ark. 248. It appears from the statement of facts that Whitaker did not comply with the Bulk Sales Law in regard to making his inventory, giving the purchaser a list of his creditors, or giving his creditors notice of sale. It appears from the testimony of Griffin that he purchased the…
2Cases cited6 opinions
- Stuart v. Elk Horn Bank & Trust Co.Supreme Court of Arkansas · 1916
- State v. MartinSupreme Court of Arkansas · 1918
- Blythe v. JettSupreme Court of Arkansas · 1889
- Fiske Rubber Co. v. HayesSupreme Court of Arkansas · 1917
- Hoskins v. Fayetteville Grocery Co.Supreme Court of Arkansas · 1906
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3Cited by4 opinions
- Prins v. American Trust CompanySupreme Court of Arkansas · 1925
- Pemberton v. Bank of Eastern ArkansasSupreme Court of Arkansas · 1927
- Griffin v. Puryear-Meyer Grocer Co.Supreme Court of Arkansas · 1941
- Merchants' & Farmers' Bank v. ReelSupreme Court of Arkansas · 1930