Philoon v. Babbitt
Supreme Judicial Court of Maine
On report. Trover to recover the value of a stock of goods bought by the defendant of the plaintiff’s bankrupt in violation of Sec. 6, Chap. 114 of the Revised Statutes. Plea, the general issue. Case stated in the opinion.
1Opinion of the CourtDeasy, J.
On Oct. 30, 1918, one Arthur W. Stetson, an insolvent debtor, sold and conveyed his entire stock of merchandise in bulk to the defendant without conforming to R. S., Chap. 114, Sec. 6 known as the Bulk Sales Law.
No evidence of intentional fraud appears but the sale was by the explicit provisions of the statute made void as to Stetson’s creditors.
The plaintiff as trustee in bankruptcy of Stetson having first made a written demand for the goods brought this action of trover against the defendant to recover their value. The defendant does not dispute that the transaction was void as to Stetson’s…
2Cases cited4 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- In re Walden Bros. Clothing Co.District Court, N.D. Georgia · 1912
- Burns v. O'Gorman Co.U.S. Circuit Court for the District of Rhode Island · 1906