Kasper v. Spokane Merchants' Ass'n

Citations

• 87 Wash. 447
• 151 P. 800
• 1915 Wash. LEXIS 911

Syllabus

<p>Appeal—Record—Abstract—Sufficiency. An appeal will not be dismissed for a too literal transcript of the records in the abstract, where there has been a. good faith attempt to comply with the law, and the departure has not worked inconvenience; especially in view of the Laws of 1915, p. 300, dispensing with the necessity of an abstract under the circumstances.</p> <p>Fraudulent Conveyances—Sales-in-Bulk Act—Title oe Vendee —Statutes. The sales-in-bulk act, Rem. & Bal. Code, § 5297, declaring sales of stocks of goods in bulk to be fraudulent and void, unless accompanied by the required affidavit and list of creditors, means void as to creditors only, and title passes as between the vendor and vendee; since the act was intended only for the protection of creditors.</p> <p>Same—Sales-in-Bulk—Remedies oe Creditors—Bona Fide Purchasers. Since the sales-in-bulk act does not give creditors any specific lien on the property fraudulently conveyed, but simply makes noncompliance with the statute conclusive evidence of fraud, the remedy of creditors is confined to pursuing the property in the hands of the wrongdoers, or others with notice, or the wrongdoers personally for conversion; and they cannot pursue the property in the hands of dona fide purchasers for value.</p> <p>Same—Sales-in-Bulk — “Purchaser” — Assignee for Creditors. An assignee for the benefit of creditors is not a purchaser of a stock of goods in bulk, within the meaning of the sales-in-bulk act, Rem. & Bal. Code, § 5296 et seq., requiring the vendor to make an affidavit and list of his creditors.</p> <p>Assignments eor Benefit of Creditors — Notice — Recording— Remedies of Creditor—Laches. An assignment for the benefit of creditors, filed of record as required, is constructive notice to a creditor who was not included among the creditors listed; hence such a creditor must take notice thereof, and protect himself in the administration proceedings, it being too late to proceed against the assignee as a wrongdo