Legal Opinion
Stratus Cigar Co. v. Marche
Tennessee Supreme Court
Decided September 15, 1919PublishedCited by 3 opinions
FROM WASHINGTON. Appeal from the Chancery Court of Washington County. — Hon. E. K. Bachman, Special Chancellor.
1Opinion of the CourtJustice McKinney
Does chapter 133 of the Acts of 1901 of the General Assembly of the State of Tennessee apply to or include fixtures used in connection with a business, where confectionery, tobacco, and soft drinks are sold? Section 1 of said act is as follows:
“Be it enacted by the General Assembly of the State of Tennessee, that a sale of any portion of a stock of merchandise otherwise than in the ordinary course of trade in the regular and usual prosecution of the seller’s business, or a sale of an entire stock of merchandise in hulk, shall be presumed to be fraudulent and void as against the creditors of…
2Cases cited17 opinions
- Gallus v. ElmerMassachusetts Supreme Judicial Court · 1906
- Parham & Co. v. Potts-Thompson Liquor Co.Supreme Court of Georgia · 1907
- People's Savings Bank v. Van AllsburgMichigan Supreme Court · 1911
- Everett Produce Co. v. Smith Bros.Washington Supreme Court · 1905
- Bowen v. QuigleyMichigan Supreme Court · 1911
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3Cited by3 opinions
- C. W. Henderson Co. v. Breeden Bros.Tennessee Supreme Court · 1923
- Bozeman v. NaffCourt of Appeals of Tennessee · 1927
- Lewis Brown Co., Inc. v. MalloryCourt of Appeals of Tennessee · 1928