Raleigh Tire & Rubber Co. v. Morris
Supreme Court of North Carolina
Appeal by plaintiff from Kerr, at second Civil Term, 1920, of "WaKE. Tbe action is to recover of Morris-Divers Company a balance clue for goods sold and delivered, and to bold defendant, tlie Matthews Auto Electric Company, and its members, J. P. and C. T. Matthews, liable by reason of having bought the stock of goods of the debtor, in violation •of plaintiffs’ rights, and when the statute applicable to sales in bulk of such stock had not been complied with.
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Appeal by plaintiff from Kerr, at second Civil Term, 1920, of "WaKE. Tbe action is to recover of Morris-Divers Company a balance clue for goods sold and delivered, and to bold defendant, tlie Matthews Auto Electric Company, and its members, J. P. and C. T. Matthews, liable by reason of having bought the stock of goods of the debtor, in violation •of plaintiffs’ rights, and when the statute applicable to sales in bulk of such stock had not been complied with. There were facts in evidence tending to show that defendant, the Morris-Divers Company, was a partnership in Lillington, N. 0., engaged…
1Opinion of the Court
Hoke, J.,
after stating the ease: The sales-in-bulk act, 1st Consolidated Statutes, sec. 1013, provides in general terms that “the sale in bulk of a large 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 prima facie evidence of fraud, and void as against the creditors of the seller, unless a specified notice is given to creditors and inventory made within seven days before the contemplated sale. The statute contains provision, also, that if the vendor shall, before the sale,…
2Cases cited7 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Manufacturing Co. v. . SummersSupreme Court of North Carolina · 1906
- Swift Co. v. . TempelosSupreme Court of North Carolina · 1919
- Gallup & Co. v. RozierSupreme Court of North Carolina · 1916
- Pennell v. . RobinsonSupreme Court of North Carolina · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pendergrass v. Card Care, Inc.Supreme Court of North Carolina · 1993
- Gardner v. Goodner Wholesale Grocery Co.Texas Supreme Court · 1923
- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
- Collins v. TalleyCourt of Appeals of North Carolina · 2001
- Kramer Bros. v. McPhersonSupreme Court of North Carolina · 1957
3 more not listed; retrieve them via the Exa API.