Kidd, Dater & Price Co. v. Musselman Grocer Co.

Citations

• 217 U.S. 461
• 30 S. Ct. 606
• 54 L. Ed. 839
• 1910 U.S. LEXIS 1973

Syllabus

<p>Where this court has held a state statute constitutional it will follow that decision in a case involving the constitutionality of a statute of another State which fundamentally is similar and which is attacked on the same ground by persons similarly situated; and so held that , the Michigan Sales-in-Bulk Act of 1905 which is fundamentally similar to the Sales-in-Bulk Act of Connecticut, sustained in Lemieux v. Young, 211 U. S. 489,'is not unconstitutional under the due process or equal protection clauses of. the Fourteenth Amendment.</p> <p>It is within the police power of the State to require tradesmen making sales in bulk of their stock in trade to give notice to their creditors and also to prescribe how such notice shall be given,.and unless the. provisions as to such notice are unreasonable and arbitrary a statute to that effect does not amount to deprivation of property, abridge liberty of contract or deny equal protection of the law within the meaning of the Fourteenth Amendment; nor is the requirement ■ in the Michigan Sales-in-Bulk Act of 1905 that such notice be either personal or by registered .mail unreasonable or arbitrary.</p> <p>151 Michigan, 478, affirmed.</p>