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The Maryland Code Public General Laws, 1904
Volume 393, Page 1894   View pdf image (33K)
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1894 SALES AND NOTICES. [AET. 83

1888, art. 83, sec. 17. 1888, ch. 174, sec. 3.

17. A copy of the record of the justice of the peace of the
State in which said attachment or other proceedings were
brought shall be complete evidence in all suits instituted under
the two preceding sections, of all facts of said attachment or
other proceedings instituted outside of this State, as shown
by said record; and said record shall also be complete evi-
dence of any assignment of said claim to the plaintiff in
said attachment proceedings by the defendant which the said
record may show; provided said record shall be certified to
by the justice of the peace before whom said attachment or
other proceedings were brought, and a certificate of the clerk
of the circuit court for the county in which said justice may
act attached certifying that the said justice of the peace was
duly authorized to act in said county.

Sales in Bulk.

1900, ch. 579, sec. 18.

18. A sale of any portion of a stock of merchandise other-
wise than in the ordinary course of trade in the regular and
usual prosecution of the seller's business, or a sale of an entire
stock of merchandise in bulk will be presumed to be fraudu-
lent and void as against the creditors of the seller unless the
seller and purchaser shall, at least five days before the sale,
make a full, detailed inventory showing the quantity and, so
far as possible with the exercise of a reasonable diligence, the
cost price to the seller of each article to be included in the
sale, and unless such purchaser shall at least five days before
the sale in good faith make full, explicit inquiry of the seller
as to the names and places of residence or places of business
of each and all of the creditors of the seller and the amount
owing each creditor, and unless the purchaser shall at least
five days before the sale in good faith notify or cause to be
notified, personally or by registered mail, each of the seller's
creditors of whom the purchaser has knowledge or can with
the exercise of reasonable diligence acquire knowledge of said
proposed sale, and of the said cost price of the merchandise
to be sold and of the price proposed to be paid by the pur-
chaser. The seller shall at least five days before such sale
fully and truthfully answer in writing each and all of said
inquiries.

Hart v. Roney, 93 Md. 433.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1894   View pdf image (33K)
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