Wilson v. Edwards

Citations

• 32 Pa. Super. 295
• 1907 Pa. Super. LEXIS 3

Syllabus

<p>Sale — Fraudulent sale — Sale in bulk of stock of merchandise — Notice— Parties — Act of March 28, 1905, P. L. 62.</p> <p>Under the Act of March 28, 1905, P. L. 62, entitled “An Act relative to the sale in bulk of the whole, or a large part of a stock of merchandise and fixtures, not in the ordinary course of business; providing certain requirements therefor; imposing certain duties upon the seller, and making then violation a misdemeanor,” a creditor who has not received the notice of the sale provided by the act may proceed alone without the co-operation of other creditors to have the sale declared fraudulent and void, and this he may do by securing a judgment against the debtor, and issuing execution against the goods in the hands of the purchaser.</p> <p>The language of the Act of March 28, 1905, P. L. 62, that such sale without notice “ shall be deemed fraudulent and voidable as against the creditors of the seller,” is not to be construed as simply casting the burden of proving the good faith of the transaction on the purchaser, but is to be construed as meaning that noncompliance by the purchaser with the provisions of the act shall make the sale voidable as to creditors without regard to the intent of the parties to it.</p> <p>Constitutional law — Class legislation — Federal constitution — Fourteenth amendment — Act of March 28, 1905, P. L. Q2 — Sale in hulk of stock of merchandise.</p> <p>The'act of March 28, 1905, entitled “An Act relative to the sale in bulk of the whole, or a large part of a stock of merchandise and fixtures, or merchandise, or fixtures, not in the ordinary course of business; providing certain requirements therefor, imposing certain duties upon the seller, and making their violation a misdemeanor,” is not arbitrary class legislation which denies to those affected by it the equal protection of the laws guaranteed by the fourteenth amendment of the federal Constitution.</p> <p>Class legislation, discriminating against some and favoring