Armfield Co. v. Saleeby
Supreme Court of North Carolina
AotioN tried before Stacy, J., and a Jury, at March Term, 1919, of Cumberland. The plaintiff, Armfield Company, alleged that tbe defendant C. A. Saleeby was indebted to them in the sum of $446.29 for goods sold and delivered, and that he, being a retail fruit dealer, had sold a large part of his stock in bulk to his codefondants, T. S. Saleeby & Co., with intent to defraud the creditors of C. A. Saleeby, and contrary to the provisions of “Bulk Sales Law.”
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AotioN tried before Stacy, J., and a Jury, at March Term, 1919, of Cumberland. The plaintiff, Armfield Company, alleged that tbe defendant C. A. Saleeby was indebted to them in the sum of $446.29 for goods sold and delivered, and that he, being a retail fruit dealer, had sold a large part of his stock in bulk to his codefondants, T. S. Saleeby & Co., with intent to defraud the creditors of C. A. Saleeby, and contrary to the provisions of “Bulk Sales Law.” The suit was brought first in the recorder’s court, and then carried by appeal from the judgment to the Superior Court. The jurisdiction of…
1Opinion of the Court
Walker, J.,
after stating the case: It having appeared that the property sold by C. A. Saleeby to his codefendants was worth more than the amount 'of his indebtedness to the plaintiff, the court gave judgment against both defendants for $446.29, which was the amount of the debt.
The court submitted to the jury, for their determination upon the evidence, the question whether the “Bulk Sales Law” had been violated, and refused to instruct the jury as requested by the defendant. This was error. The statute forbids the sale of a large part or the whole of a stock of merchandise, otherwise than in…
2Cases cited18 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Daly v. Sumpter Drug Co.Tennessee Supreme Court · 1912
- Simpson v. Enfield Lumber Co.Supreme Court of North Carolina · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of Raleigh v. EdwardsSupreme Court of North Carolina · 1951
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Erskine v. . Motors Co.Supreme Court of North Carolina · 1923
- Erskine v. Chevrolet Motors Co.Supreme Court of North Carolina · 1923
- Raleigh Tire & Rubber Co. v. MorrisSupreme Court of North Carolina · 1921
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