Legal Opinion

Peck v. Hibben

Indiana Supreme Court

Decided November 28, 1916No. 22,978PublishedCited by 7 opinions

From Newton Circuit Court; Charles W. Hanley, Judge. Action by Harold B. Hibben and others against Alfred D. Peck and others. From a judgment for plaintiffs, the defendants appeal.

1Opinion of the CourtMorris, J.

— This is an appeal from an interlocutory order* adjudging appellants receivers of a mercantile stock, under the provisions of the Bulk Sales Act of 1909 (Acts 1909 p. 122; §§7471a-7471c Burns 1914).

Section 1 of the act makes void, as against creditors, a bulk sale of a stock of merchandise, unless the seller and purchaser, at. least five days before the sale, shall make a full detailed inventory, and unless the purchaser demand and receive from the seller a written list, made under oath, of the seller’s creditors, and also unless the purchaser give five days’ notice to creditors before…

2Cases cited3 opinions

  1. Hirth-Krause Co. v. CohenIndiana Supreme Court · 1912
  2. Beard v. Indianapolis Fancy Grocery Co.Indiana Supreme Court · 1913
  3. Rich v. C. Callahan Co.Indiana Supreme Court · 1913

3Cited by7 opinions

  1. Cornish v. Nance Motor Co.Court of Appeals of Texas · 1928
  2. Rothchild v. StateIndiana Supreme Court · 1929
  3. George Kraft Co. v. HellerIndiana Supreme Court · 1919
  4. Ogden Avenue State Bank v. CherryAppellate Court of Illinois · 1922
  5. Hronik v. WartySupreme Court of Iowa · 1928

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