Bewley v. Sims
Court of Appeals of Texas
Appeal from Tarrant County Court; Chas. T. Prewett, Judge. Action by E. E. Bewley against A. J. K. Sims. From judgment for defendant, dismissing the suit, plaintiff appeals.
1Opinion of the CourtConner, C. J.
The court below sustained general and special exceptions to appellant’s petition and dismissed the suit as against appellee. The controlling question presented is whether a purchaser of a stock of goods, wares, and merchandise in bulk from an insolvent debtor, without complying with the provisions of the act of the Thirty-First Legislature, known as the Bulk Sales Law, is liable at the suit of a creditor of the insolvent who has not, by attachment, garnishee process, or otherwise, acquired a lien on the merchandise so sold.
The law in question, so far as now material, reads:
“Section 1. That…
2Cases cited8 opinions
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1893
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Leon v. J. Goldman & SonTexas Supreme Court · 1886
- Fitz Henry v. MunterWashington Supreme Court · 1903
- William J. Lemp Brewing Co. v. La RoseCourt of Appeals of Texas · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fischer v. Rio Tire Co.Texas Commission of Appeals · 1933
- Joplin Supply Co. v. SmithMissouri Court of Appeals · 1914
- Settegast v. Second National BankTexas Supreme Court · 1935
- Hartwig v. RushingOregon Supreme Court · 1919
- Eagle Drug Co. v. WhiteCourt of Appeals of Texas · 1915
6 more not listed; retrieve them via the Exa API.