153 P. 142 | Okla. | 1915
This was an action in replevin, and involved the title to a stock of goods and fixtures claimed by defendant in error by virtue of having purchased same from one Chas. H. Davis. The plaintiff in error had recovered a judgment against said Davis, and had caused execution to be issued and levied upon the stock and fixtures. There is but one question presented, and that is whether, under sections 2903, 2904, and 2905, Rev. Laws 1910, commonly known as the Bulk Sales Law, a sale of the fixtures would be void as against creditors. The stock of goods is not involved. Statutes of this character are comparatively recent in the various states, and there are but few adjudicated cases upon the question. The language of section 2903, or so much thereof as is necessary for the consideration of this question, is as follows: *396
"The transfer of any portion of a stock of goods, wares or merchandise otherwise than in the ordinary course of trade, in the regular and usual prosecution of the transferrer's business, or the transfer of an entire such stock in bulk shall be presumed to be fraudulent and void as against the creditors of such transferrer and such presumption may be rebutted only by a proposed transferee showing that, at least ten days before the transfer, and in good faith, he made a full and explicit inquiry of the transferrer as to the names and addresses of each and all of his creditors. * * *"
The language of this section set out would seem to indicate that it had reference to the goods, wares, or merchandise that were kept for sale, and that a transfer of same made in violation of the section would be presumptively fraudulent and void, as against creditors. Off Co. v. Morehead,
Unfortunately we have not been favored with a brief by defendant in error, and such investigations as we have been able to make have revealed the state of the decisions above outlined.
We think a reasonable construction to give to the statute is that it was intended to apply to those articles kept for sale in the ordinary course which a creditor would furnish, and does not embrace what are ordinarily known as fixtures.
For these reasons, the judgment is affirmed.
All the Justices concur.