Hartwig v. Rushing
Oregon Supreme Court
From Multnomah: Robert Tucker, Judge. Department 1. The plaintiff William H. Hartwig is endeavoring to impress a trust upon certain lands so that he can collect a money judgment which he obtained against George Hartwig, who sold a hardware store and stock of goods to C. 0. Rushing without complying with the hulk sales law. William H. Hartwig and George Hartwig are brothers; the former was a resident of Iowa, while the latter lived in Oregon.
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From Multnomah: Robert Tucker, Judge. Department 1. The plaintiff William H. Hartwig is endeavoring to impress a trust upon certain lands so that he can collect a money judgment which he obtained against George Hartwig, who sold a hardware store and stock of goods to C. 0. Rushing without complying with the hulk sales law. William H. Hartwig and George Hartwig are brothers; the former was a resident of Iowa, while the latter lived in Oregon. George Hart-wig informed his brother that he wished to purchase a hardware store owned by Frank L. Miller in Aurora, Oregon. George Hartwig had $4,000 in…
1Opinion of the CourtHarris, J.
When Rushing bought the store with its stock of hardware he did not receive or demand from the seller a written statement under oath, containing the names and addresses of the creditors, or a statement showing the indebtedness due or to become due from the seller. Some of the merchant creditors had actual notice and assisted in invoicing the stock of *13goods; and it may fairly be inferred that nearly all, if not all, the merchant creditors acquired a knowledge of what Bushing and Hartwig were doing before the invoice was completed and the stock transferred to Bushing.
It is proper to note also…
2Cases cited47 opinions
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Picard v. McCormickMichigan Supreme Court · 1862
- Gallus v. ElmerMassachusetts Supreme Judicial Court · 1906
- Daly v. Sumpter Drug Co.Tennessee Supreme Court · 1912
- McKinster v. SagerIndiana Supreme Court · 1904
42 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Security Savings & Trust Co. v. Portland Flour Mills Co.Oregon Supreme Court · 1927
- Herder v. HelveringCourt of Appeals for the D.C. Circuit · 1939
- In Re Mercury Engineering, Inc.District Court, S.D. California · 1946
- Emmons-Hawkins Hardware Co. v. SizemoreWest Virginia Supreme Court · 1928
- Merchants' National Bank v. Dawson CountyMontana Supreme Court · 1933
7 more not listed; retrieve them via the Exa API.