Burnett v. Trimmell

Citations

• 103 Kan. 130
• 173 P. 6
• 1918 Kan. LEXIS 203

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bulk-sales Act — Law Constitutional. • The bullc-sales act, chapter 369 of the Laws of 1915 (Gen. Stat. 1915, §§ 4894-4897), is a constitutional exercise of police power and is valid under both the state and federal constitutions.</p> <p>2. Same. Its provision punishing those who disobey its mandates does not conflict with the constitutional inhibition against imprisonment for debt except in case of fraud.</p> <p>3. Same — Term “Creditors’'’ Covers Creditors Generally. The term “creditors” as used in the act is not confined to those who have sold merchandise to the vendor, but covers creditors generally.</p> <p>4. Same — Sale of Merchandise — Sale Void — Purchaser Liable to Vendor's Creditors. The sale havirig been made in bulk with entire disregard of the statute, the vendee in possession may be sued by a judgment creditor to subject the property to the payment of his claim) and such creditor is not restricted to the remedies of attachment, garnishment, or levy of execution.</p> <p>5. Same — Petition States Cause of Action. The petition states a cause of action, and it was error to sustain the demurrer thereto.</p>