Continental Distributing Co. v. Swanson

Citations

• 79 Wash. 128
• 139 P. 865
• 1914 Wash. LEXIS 1152

Syllabus

<p>Fraudulent Conveyances — Sales in Bulk — Statutes—Excuse for Noncompliance — Payment. Under the sales-in-bulk act, Rem. & Bal. Code, § 5295, providing that the failure to take the affidavit as to creditors and indebtedness of the vendor may be cured by applying the purchase money in payment of the claims of creditors, share and share alike, a creditor who has received his pro rata share of the purchase money cannot complain of the failure to comply with the act in the first instance.</p> <p>Garnishment — Liability of Garnishee — Promise to Plaintiff. In garnishment proceedings to enforce the statutory liability of the purchaser of a stock of goods in bulk to the creditors, for failure to comply with the sales-in-bulk act, the purchaser cannot be held on the theory that he had, since the sale, assumed or guaranteed payment of the indebtedness of the old firm.</p>