Legal Opinion

Ritter v. Wray

Superior Court of Pennsylvania

Decided March 3, 1911No. Appeal, No. 196PublishedCited by 8 opinions

Appeal, No. 196, Oct. T., 1910, by plaintiff, from judgment of C. P. Blair Co., June T., 1910, No. 122, on verdict for defendants in case of Edwin Ritter v. Wray, Moore & Company, Ltd. Sheriff’s interpleader to determine right to levy on stock of merchandise sold in bulk.

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Appeal, No. 196, Oct. T., 1910, by plaintiff, from judgment of C. P. Blair Co., June T., 1910, No. 122, on verdict for defendants in case of Edwin Ritter v. Wray, Moore & Company, Ltd. Sheriff’s interpleader to determine right to levy on stock of merchandise sold in bulk. Baldrige, P. J., charged in part as follows: Under the evidence here it appears that Mr. Ritter, the plaintiff, attempted to purchase from a man by the name of Hartman, who had a store at Lakemont, in this county, on April 15, or 16, according to his testimony. The plaintiff stated on the witness stand that he asked Mr.…

1Opinion of the Court

Opinion by

Rice, P. J.,

It is declared in the Act of March 28, 1905, P. L. 62, *445that the sale in bulk of the whole, or a large part, 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 deemed fraudulent, and voidable as against the creditors of the seller, unless the purchaser shall, in good faith, and for the purpose of giving the notice required by the act, make inquiry of the seller, and obtain from him a list in writing of the names and places of residence or business of each and all of his…

2Cases cited7 opinions

  1. Wilson v. EdwardsSuperior Court of Pennsylvania · 1907
  2. Big Black Creek Improvement Co. v. CommonwealthSupreme Court of Pennsylvania · 1880
  3. Zuver v. ClarkSupreme Court of Pennsylvania · 1884
  4. Turbett Township Overseers of Poor v. Port Royal Borough Overseers of PoorSuperior Court of Pennsylvania · 1907
  5. Byrod's AppealSupreme Court of Pennsylvania · 1858

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3Cited by8 opinions

  1. Jermyn's Election ExpensesSuperior Court of Pennsylvania · 1914
  2. C. & E. Marshall Co. v. LeonAppellate Court of Illinois · 1932
  3. Schumacher-Binzley Co. v. RiddleSuperior Court of Pennsylvania · 1912
  4. Abramovitz v. KrullSuperior Court of Pennsylvania · 1920
  5. Fibre Yarn Co. v. TiberioPennylvania Municipal Court, Philadelphia County · 1922

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