Oregon Mill & Grain Co. v. Hyde
Oregon Supreme Court
From Baker: John W. Knowles, Judge. Statement by Mr. Justice Harris. Cbauncey Kirkpatrick bas appealed from a judgment wbicb was rendered against bim as garnishee after the issuance of an execution on a judgment that had been obtained by the Oregon Mill & Grain Company, a corporation, against H. G. Iiyde who once owned a grocery-store. Hyde purchased goods for. his business and became indebted to various wholesalers, including the Oregon Mill & Grain Company.
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From Baker: John W. Knowles, Judge. Statement by Mr. Justice Harris. Cbauncey Kirkpatrick bas appealed from a judgment wbicb was rendered against bim as garnishee after the issuance of an execution on a judgment that had been obtained by the Oregon Mill & Grain Company, a corporation, against H. G. Iiyde who once owned a grocery-store. Hyde purchased goods for. his business and became indebted to various wholesalers, including the Oregon Mill & Grain Company. In the early days of 1911, Hyde sold his business and the entire stock of goods, valued at $4,000, to Chauncey Kirkpatrick, who, in…
1Opinion of the CourtJustice Harris
Sections 6069 to 6072, L. O. L., as amended by Chapter 281, Laws 1913, and commonly referred to as the Bulk Sales Act, requires a written statement under oath containing the names and addresses of the creditors of the vendor, directs the giving of notice to such creditors, and provides that a sale of a stock of goods in bulk without complying with the act “shall, as to any and all creditors of the vendor, be conclusively presumed fraudulent and void.” The sale by Hyde to Kirkpatrick was the sale of a stock of goods in bulk, and it was made without attempting to comply with the requirements of…
2Cases cited40 opinions
- Conrow v. . LittleNew York Court of Appeals · 1889
- American Process Co. v. Florida White Pressed Brick Co.Supreme Court of Florida · 1908
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Rowell v. SmithWisconsin Supreme Court · 1905
- Wills v. Nehalem Coal Co.Oregon Supreme Court · 1908
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3Cited by19 opinions
- Escalle v. MarkNevada Supreme Court · 1919
- Hicks v. Peninsula Lumber Co.Oregon Supreme Court · 1923
- Johnson v. Dave's Auto Center, Inc.Oregon Supreme Court · 1970
- Hartwig v. RushingOregon Supreme Court · 1919
- Lutz v. Blackwell Et Ux.Oregon Supreme Court · 1928
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