Fitz Henry v. Munter

Citations

• 33 Wash. 629
• 74 P. 1003
• 1903 Wash. LEXIS 564

Syllabus

<p>Appeal—Record—Statement of Facts—Review of Conclusions of Law. A statement of facts is not necessary where the only question for review is whether the conclusions of law are justified hy the findings of fact.</p> <p>Sales—Stock of Goods in Bulk—Private Sale of Balance After an Auction. Where a storekeeper commenced selling her stock of dry goods and notions at auction January 20, realizing $170 therefrom, a private sale January 23, of substantially all the balance for $307, is a sale of a stock of goods in bulk, and void if no sworn statement of the vendor’s creditors is given as required by Laws 1901, p. 222.</p> <p>Same—Duty to Demand List Before Payment—Purchaser as Trustee—Distribution of Purchase Money. Laws 1901, p. 222, making it the duty of a vendee of a stock of goods in bulk to demand a list of the vendor’s creditors before payment of the purchase price, etc., makes the debtor’s goods a trust fund, and the vendee a trustee, for all the creditors; and where the list is not given upon demand, and the purchase price is paid into court, the funds are to he distributed pro rata to all the creditors who , are parties to the suit.</p>