The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1909-07-24
COMPLICATED BY NEW LAW
Attachment Suit Brought Against Mer-
chandise Delivered and Paid For


chandise Delivered and Paid For
Felix Coblentz & %. commenced suit
In the District Court In Eureka ON July
Is against Thomas Roselli for 1894. Is
for wares and merchandise furnished.
Sheriff NJ. Mahoney placed an attach
ment on the Roselh property on Tues
day.
On June 80, 1909, q deed was placed
on record showing that Thomas Roselli
had sold to G. B. Bale real estate and
merchandise for q consideration Of s1,-
700.
Ooblentz d Co.. claiming to be q
creditor Of Roselli, has now attached
the merchandise turned over to G.. B.
Bale. alleging that the transfer was
not made according to law, in that no
affidavit setting forth that Roselli's
creditors had been notified Of the pro-
posed sale. was filed.
Sections | aud Q of the law of March
20, 1907. under which this action is
brought. real as follows:
SECTION l. 1t shall be the duty Of every
person who shall bargain for or purchase any
portion Of . stock Of merchandise, otherwise
than In the ordinary course Of trade and In
the regular and usual prosecution Of the sell.
ler's business, or an entire stock Of merchan-
disc in bulk, for cash or on credit, before pay.
ing to the vendor or his agent or representa-
tive, or delivering to the vendor OF his agent
or representative, any part Of the purchase
price thereof or any promisory note or evi.
dence therefor. to demand Of and receive from
such vendor or agent, or il the vendor OF
agent be q corporation, then from the presi.
dent, vice president, secretary or managing
agent OF such corporation, a written state
ment, sworn TO substantially as hereinafter
provided, Of the names and addresses Of all
the creditors Of said vendor to whom said
vendor may be indebted, together with the
amount Of the indebtedness due or owing OF
to become due or owing by said vendor. to each
of the said creditors, and It shall be the duty
of the said vendor or agent TO furnish such
statement, which shall be verified by an oath,
to the following effect:
State Of Nevada L..
County Of ........
Before me. personally appeared vendor OF
agent rs the case may bel who being by me
first duly sworn upon his oath, did dcpose and
say that the foregoing statement contains the
names Of all the criditors Of name Of ven.
dor). together with their addresses, and that
the amount set opposite each Of said respect.
i've names Is the amount now due and owing,
and which shall become due and owing by
tvendor) TO such creditors. and that there are
no creditors holding claims due or which shall
become due for or on account Of goods, wares
or merchandise purchased upon credit or on
account Of money borrowed to carry on the
business Of which said goods are q part, other
than as set forth in said statement and in thi,
afidavit that are within the personal knowl
| edge Of the affiant.
Subscribed and sworn to before me this.
day of.........., A. D..
SEC. 2. Whenever any person shall bar
gain for or purchase any portion Of Q stock oil
merchandise otherwise than in the ordinary
course Of trade and in the regular and usual
prosecution of the sellers business, or an en-
tire stock Of merchandise in bulk, for cash oil
on credit, and shall pay any part Of the price
or execute and deliver to the vendor thereof
or TO his order, or to any person for bis use,
any promissory note or other evidence of in.
debtedness, to give credit, whether or not evi,
denced by promissory note or other evidences
Of indebtedness. for said purchase price oil
any part thereof, without at least i've day,
previously thereto having demanded and re-
ceived from the said vendor or his agent the
statement provided for in Section l Of THU
Act, and verified as there provided. and with
out notifying also at least FIVE days previously
thereto, personally or by registered mail, every
creditor as shown upon said verified state
ment Of said proposed sale or transfer is to b
made. and the time and conditions Of pay
msnt, and without paying or seeing to il thai
the purchase money Of said property 10 applied
to the payment of bona fde claims of thu
creditors Of the vendor as shown upon sait
verified statement, share and share alike. such
sale or transfer shall be fraudulent and void.