McGreenery v. Murphy
Supreme Court of New Hampshire
Foreign Attachment. The question relates to the charge-ability of the trustee. About July 5, 1910, the principal defendant kept a pool room in Concord in which he had a stock of merchandise which he sold in bulk to the trustee for $136.12 and received that sum in cash from him. Afterward and before this action was brought, the trustee disposed of the goods in the regular course of trade.
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Foreign Attachment. The question relates to the charge-ability of the trustee. About July 5, 1910, the principal defendant kept a pool room in Concord in which he had a stock of merchandise which he sold in bulk to the trustee for $136.12 and received that sum in cash from him. Afterward and before this action was brought, the trustee disposed of the goods in the regular course of trade. At the time of the sale the parties did not know of the statute in regard to the sale of a stock of goods in bulk (Laws 1909, c. 69) and did not comply with the conditions specified therein. Upon these facts…
1Opinion of the CourtWalker, J.
The plaintiffs seek to charge the trustee for the value of the stock of goods sold by the principal defendant to the trustee, for which the latter paid an adequate consideration and which he has since disposed of in the regular course of business. It is conceded that in the absence of the statute upon which the plaintiffs rely (Laws 1909, c. 69, s. 1) the sale would be deemed valid and the trustee would be discharged. The statute referred to is as follows: “The sale in bulk of any part or the whole of a stock of merchandise, otherwise than in the ordinary course of trade and in the regular…
2Cases cited2 opinions
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Kohn v. FishbachWashington Supreme Court · 1904
3Cited by17 opinions
- Fischer v. Rio Tire Co.Texas Commission of Appeals · 1933
- Escalle v. MarkNevada Supreme Court · 1919
- Oregon Mill & Grain Co. v. HydeOregon Supreme Court · 1918
- Settegast v. Second National BankTexas Supreme Court · 1935
- Newman v. GarfieldSupreme Court of Vermont · 1918
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