American Express Co., S. A. I. v. Bomar Shoe Co.
Court of Appeals of Georgia
1Opinion of the Court
Quillian, Judge.
It is true that under the Ga. Uniform Commercial Code — Bulk Transfers, a failure to comply with Code Ch. § 109A-6 makes the transfer "ineffective as to any creditor of the transferor.” Code Ann. §§ 109A-6 — 104 (1) and 109A-6 — 105. However, the applicable provisions are silent as to the remedies available to the creditor. The commentaries on the Uniform Commercial Code point out that this section does not affect a change in the remedies available but leaves the creditor with the traditional remedies which he had prior to the enactment of such section. Duesenberg-King, Sales…
2Cases cited9 opinions
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Parham & Co. v. Potts-Thompson Liquor Co.Supreme Court of Georgia · 1907
- Carstarphen Warehouse Co. v. FriedSupreme Court of Georgia · 1905
- Tim & Co. v. FranklinSupreme Court of Georgia · 1891
- Carter v. Sherwood Plaza, Inc.Court of Appeals of Georgia · 1968
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3Cited by19 opinions
- Indon Industries, Inc. v. Charles S. Martin Distributing Co.Supreme Court of Georgia · 1975
- Summit Automotive Group, LLC v. ClarkCourt of Appeals of Georgia · 2009
- Coastal Oil New England, Inc. v. Citizens Fuels Corp.Massachusetts Appeals Court · 1995
- Bill Voorhees Company, Inc. v. R & S Camper Sales of Birmingham, Inc. And R & S Camper Sales, Inc.Court of Appeals for the Fifth Circuit · 1979
- AMERICAN EXPRESS COMPANY, SAI v. Bomar Shoe CompanyCourt of Appeals of Georgia · 1973
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