Prince Manufacturing, Inc. v. Jus' Tennis, Inc.

Ness, Chief Justice:

This is an appeal from an order refusing to dissolve an attachment. We reverse.

Appellant Jus’ Tennis, Inc. bought goods on account from Prince. Jus’ Tennis encountered business difficulties, and commenced a heavily-advertised going-out-of-business sale. Jus’ Tennis’ attorney wrote to all creditors, including Prince, advising them of the sale and the planned distribution of the proceeds to creditors.

Prince brought suit against Jus’ Tennis on the account and sought pre-judgment attachment. It alleged the sale was an attempt to dispose of assets to defraud creditors.…