Goodwin v. Tuttle
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Burnett. This is an action by C. T. Goodwin, as trustee in bankruptcy of the estate of the Co-Operative Trading Company, a corporation, against J. O. Tuttle.
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From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Burnett. This is an action by C. T. Goodwin, as trustee in bankruptcy of the estate of the Co-Operative Trading Company, a corporation, against J. O. Tuttle. After stating in substance that the Co-Operative Trading Company, a corporation, was duly adjudged a bankrupt in June, 1913, and that the plaintiff at all times mentioned in the pleadings was and now is the duly elected, qualified, and acting trustee in bankruptcy of its estate, the complaint sets out a cause of action in replevin in favor of the plaintiff for what is…
1Opinion of the CourtJustice Burnett
The controlling question in this case is whether or not the court erred in refusing to allow the plaintiff to prove in his case in chief the allegations of his reply respecting the bulk sale of the property to the defendant by the corporation, and in directing a verdict for the defendant. The statute affecting such transfers, as it stood at the time of the transaction, is found in Sections 6069, 6070, L. O. L.:
“It shall be the duty of every person who shall bargain for or purchase any stock of goods, wares, or *427merchandise in bulk, for cash or on credit, to demand and receive from the vendor…
2Cases cited16 opinions
- Swank v. ElwertOregon Supreme Court · 1910
- Savage v. SavageOregon Supreme Court · 1908
- Bennett v. MinottOregon Supreme Court · 1896
- Fleischner v. Bank of McMinnvilleOregon Supreme Court · 1898
- Backhaus v. BuellsOregon Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Security Savings & Trust Co. v. Portland Flour Mills Co.Oregon Supreme Court · 1927
- Mascall v. MurrayOregon Supreme Court · 1915
- Briedwell v. HendersonOregon Supreme Court · 1921
- Chief Freight Lines Co. v. Industrial Commission, Division of Employment SecurityMissouri Court of Appeals · 1963
- Hartwig v. RushingOregon Supreme Court · 1919
6 more not listed; retrieve them via the Exa API.