Johnson v. Mid States Screw & Bolt Co.

LYNNE, District Judge:

This appeal concerns remedies under the Georgia Bulk Sales Act available to a creditor claiming improprieties in a bulk transfer of assets by both the transferee and the transferor. Also at stake, on cross-appeal, is the transferee’s right to indemnity for its payment of the transferor’s debt to the creditor.

We affirm, on alternative grounds, the lower court’s decision to dismiss the appellant’s fraud claim. Fraud allegations, based solely upon the Bulk Sales Act, fail to state a claim upon which relief may be granted. As to the cross-appeal, we concur with the court’s…