Legal Opinion

Schumacher-Binzley Co. v. Riddle

Superior Court of Pennsylvania

Decided October 14, 1912No. Appeal, No. 147PublishedCited by 2 opinions

Appeal, No. 147, April T., 1912, by defendant, from judgment of C. P. Beaver Co., June T., 1910, No. 237, on verdict for plaintiff in case of Schumacher-Binzley Company v. Theodore Riddle. Trespass for an alleged wrongful seizure and sale of goods by constable.

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Appeal, No. 147, April T., 1912, by defendant, from judgment of C. P. Beaver Co., June T., 1910, No. 237, on verdict for plaintiff in case of Schumacher-Binzley Company v. Theodore Riddle. Trespass for an alleged wrongful seizure and sale of goods by constable. Before Holt, P. J. At the trial it appeared that on November 28, 1909, Charles Richards, a retail grocer, sold and delivered his whole stock of merchandise to Schumacher-Binzley Company, without any other consideration than the discharge of an existing indebtedness to such company. In making the sale and delivery of the goods the…

1Opinion of the Court

Opinion by

Rice, P. J.,

Charles Richards, a retail grocer, being indebted to these plaintiffs and others, sold in bulk his stock of merchandise to the plaintiffs otherwise than in the ordinary *8course of trade and in the regular prosecution of his business. The fact that the consideration was the discharge of his indebtedness to the plaintiffs did not take the transaction out of the operation of the Bulk Sales Act of March 28, 1905, P. L. 62, and, as the requirements of that act were not complied with, it was to be “deemed fraudulent, and voidable as against the creditors of the seller.” But the…

2Cases cited4 opinions

  1. Wilson v. EdwardsSuperior Court of Pennsylvania · 1907
  2. Ritter v. WraySuperior Court of Pennsylvania · 1911
  3. Schmucker v. LawlerSuperior Court of Pennsylvania · 1909
  4. Feingold v. SteinbergSuperior Court of Pennsylvania · 1907

3Cited by2 opinions

  1. International S Co (Et Al) v. DuttenhoferSuperior Court of Pennsylvania · 1935
  2. George A. Kelly Co. v. SnyderSuperior Court of Pennsylvania · 1914

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