Coleman v. Costello

The opinion of the court was delivered by

Dawson, J.:

This action grows out of the sale and purchase of the merchandise stock of a drug store in disregard of the bulk-sales act.

For some time prior to June, 1920, one Frank P. Kibbey conducted a drug store in Junction City, and as an incident thereto he dealt in phonographs which he bought at wholesale from one of his creditors, the Great Eastern Manufacturing Company of Chicago, giving that concern his own trade acceptances therefor. He sold these phonographs at retail and received so-called trade ac-*464ceptancés as pay or part pay therefor. Kibbey…