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" The sale, transfer or assignment, in bulk, of any part or the whole of a stock of merchandise, or merchandise and the fixtures pertaining to the conducting of said business, otherwise than in the ordinary course of trade and in the regular and usual prosecution... "
Massachusetts Reports - Page 587
by Massachusetts. Supreme Judicial Court - 1908
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The Southeastern Reporter, Volume 80

Law reports, digests, etc - 1914 - 1148 pages
...(Acts 1907, c. 623 ; Pell's Révisai 1908. § 904a), providing that the sale in bulk of a lart;e part of a stock of merchandise otherwise than in the ordinary course of trade "shall be prima facie evidence of fraud, and void as against the creditors of the seller, unless the...
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Judicial and Statutory Definitions of Words and Phrases, Volume 3

Law - 1914 - 1398 pages
...not a sale of "merchandise," within Bulk Sales Law (Pub. Laws 1905, No. 223), providing that sales in bulk of any part or the whole of a stock of merchandise, or merchandise and fixtures pertaining to a business, otherwise than in the ordinary course of trade,...
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Hubbell's Legal Directory for Lawyers and Businessmen ...

Lawyers - 1907 - 1848 pages
...right to reject it peremptorily. (68 Mich. 101.) Act 223 of 1905 declares that a sale or assignment, in bulk, of any part or the whole of a stock of merchandise and fixtures, otherwise than in the ordinary course of trade and business, «hall be void as against...
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Studies, Volume 2

Washington University (Saint Louis, Mo.) - 1914 - 426 pages
...whole of a stock of goods." And all of the statutes without substantial variation add these words: "Otherwise than in the ordinary course of trade and in the regular prosecution of the business of the seller." In Hart v. Brierly,30 the supreme court said: "The statutory...
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The Northwestern Reporter, Volume 153

Law reports, digests, etc - 1915 - 1224 pages
...transferred all of his said stock of groceries and the fixtures pertaining thereto to said Marius Hanson, otherwise than in the ordinary course of trade and in the regular and usual transaction of his said business, and in violation of all of the provisions of Act 22.3 of the Public...
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Laws Passed at the Session of the General Assembly of the State of Colorado

Colorado - Electronic journals - 1915 - 736 pages
...merchandise, or merchan- stock in bulk, dise and the fixtures pertaining to the conducting of said business, otherwise than in the ordinary course of trade and in the regular prosecution of the business of the seller, transferrer or assignor, shall be void as against thi creditors...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 32

North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1916 - 736 pages
...statutes on sales in bulk. This drastic measure is leveled only at sales, transfers, or assignments in bulk "of any part or the whole of a stock of merchandise or merchandise and fixtures pertaining to the conducting of said business otherwise than in the ordinary...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 170

New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1916 - 1184 pages
...present case reads as follows: "§44. Transfer of goods in bulk. 1. The sale, transfer or assignment in bulk of any part or the whole of a stock of merchandise, or merchandise and of fixtures pertaining to the conducting of the business of the seller, transferrer...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 94

New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1916 - 824 pages
...consideration and application thereof be honestly restricted to its ostensible purpose, namely: sales " otherwise than in the ordinary course of trade and in the regular prosecution of said business," that the conclusion and characterization is entirely too broad. Is the...
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The Southeastern Reporter, Volume 91

Law reports, digests, etc - 1917 - 1124 pages
...as to creditors of the seller, except upon the conditions prescribed, the sale In bulk of any part of a stock of merchandise otherwise than In the ordinary...regular and usual prosecution of the seller's business. An interpretation In the effectuation of a release of the plaintiff from the embarrassment into which...
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