Legal Opinion

Gallus v. Elmer

Massachusetts Supreme Judicial Court

Decided October 17, 1906PublishedCited by 44 opinions

Replevin against a deputy sheriff for personal property attached by the defendant as the property of one Kopec. Writ in the Police Court of Chicopee dated June 12, 1905. On appeal to the Superior Court the case was submitted upon an agreed statement of facts to Hitchcock, J., who found for the defendant. The plaintiff alleged exceptions.

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Replevin against a deputy sheriff for personal property attached by the defendant as the property of one Kopec. Writ in the Police Court of Chicopee dated June 12, 1905. On appeal to the Superior Court the case was submitted upon an agreed statement of facts to Hitchcock, J., who found for the defendant. The plaintiff alleged exceptions. The following facts were agreed with the stipulation that the court should have power to draw inferences from the facts stated : The articles replevied were fixtures, tools and utensils and goods used in carrying on the butcher and grocery business at No. 67…

1Opinion of the CourtHammond, J.

St. 1903, c. 415, provides that “ 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 and usual prosecution of the seller’s business, shall be fraudulent and void as against the creditors of the seller ” unless certain things are done by the seller and purchaser; and the question is whether the transaction which took place between the plaintiff and Kopec on June 9,1905, was within the statute. The requisites of the statute were not complied with by either the seller or the purchaser, and the transaction was…

2Cases cited1 opinion

  1. Albrecht v. CudiheeWashington Supreme Court · 1905

3Cited by44 opinions

  1. Rogers v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1939
  2. Cooney, Eckstein & Co. v. SweatSupreme Court of Georgia · 1909
  3. Adams v. YoungMassachusetts Supreme Judicial Court · 1909
  4. Rogers v. CommissionerUnited States Board of Tax Appeals · 1938
  5. New England & Savannah Steamship Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1907

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