The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-08-18
LENGTHY OPINION IN norman.
oUVAIl MATTER HANDED
DOWN YESTERDAY.
81 Referee In Bankruptcy henry A
Nolte Defines 8~ankrupts az
Traders Under Statute."

LaIuoAh bankruptcy case and NelNneI
the points n law carefully.
He vas called upon 20 render a.
sweeping decision regarding the
Traders statute a. II applied TO a
consignment % goods shipped by
Abels 4 Ress. OF Pittsburgh. TO Hob
man-Duvall. IN his opinion he sets
forth that the bankrupt firm is a.
trader and r. governed under the
Traders Statute laws. and that the
title OF the property Is in the tru--
tee TO be disposed % As he sees NJ.
and that the petition Of the petition
ers TO have the consignment returned
TO them be denied.
The detailed opinion follows.
Referees Opinion.
"On July 10. 1918. Abels & Rose. BY
their attorney. BENJAMIN l. Rosen-
bloom. flied a notice OF reclamation
asking for the return OF certain pro
perry which was shipped 10 the bank
rupt on consignment on July 81,
1915. the said Abels a Ress filed a
petition OF reclamation asking FOR the
return OF the same goods and asked
that a hearing be had upon said pc
ution. The parties in interest n
the receiver. u. :. Honecker. who
vas appointed by the state court. ap-
peared and asked that the matter 70
over until the first meeting of credi-
tors. and the petitioners agreed
thereto. on the 4th day Of August.
I 1915. the said Abels a Ress filed a
supplemental petition asking for the
return OF the said goods. The re-
ceiver appointed by the state court
became IN the meantime the trustee
in bankruptcy who filed his answer
on the 9Th day OF August. 1915. lain
! ing title 10 the property as listed in
the original petition as well also in
tho supplemental petition. There
was no dispute as 20 the facts.
namely, that h goods were shipped
to the bankrupts on a contract OF
! consignment and the whole question
was. whether or not the petitioners
had title TO the goods by virtue OF
the contract entered into. and II the
contract filed as an exhibit 10 said
petitions was sufficient in law to
warrant the return Of the goods TO
the petitioners. desire 10 say that
So far as the question Of fact is
concerned there is no dispute and II
resolves itself into a plain question
OF law.
Are Hohman-Duvaii Traders7
The first question for considera-
ton Is. whether or not Holman &
Duvall are traders coming within the
purview Of Section Is. Chapter 100 of
the Code OF West Virginia. which IS
commonly called the Traders Statute
which reads as follows:
II any person shall transact
business as a trader. with the ad-
dition of the words factor"
agent" and company or "co..
and fail TO disclose the name OF
his principal or partner by a sign
in letters, easy to be read. placed
conspicuously al the house there
in such business is transacted. and
also by a notice published for two
weeks in a newspaper Gf any
printed in the town or county
wherein the same is transacted. or
II any person transact such busi-
ness in this own name. without
any such addition, all the prop
erty. stock. chooses in action. ac-
quired or used in such business.
shall. as 10 the creditors OF any
such person. be liable for the
debts OF such person. This sec
ton shall not apply 10 a person
transacting such business under a
license 10 him as an -auctiOneer or
commission merchant"
The question then first 10 be deter
mined Is whether OF not Holman a
Duvall are traders. II they are trad
ers there Is no doubt but what they
come within the above statute The.
Standard Dictionary defines a trader
to be "One who trades. particularly
one whose business is to buy and
sell" Webster defines a trader as.
One whO engages In trade or com
merce. one who makes a business Of
buying OF selling. a barter. a mer.
chant The Century Dictionary de-.
fines the word thus "One who is on
gagged in trade or commerce. one.
whose business is buying and selling.
or barter. one whose vocation o. TO.
buy and sell again personal property
for gain
Holman & DuvaIl Co. the bank
rupt. bought mems clothing az whole
sale and sold them al retail Clearly.
they como within the definition az
given by the standard. Webster
and Century dictionaries. Therefore.
there is no question but what they are
traders and Come within the statute.
10 Traders Statute Applicable.
Now. the qestion SIS with respect
10 whether or not the Traders
statute. Oh applicable and these
goods having been bought subsequent
and lf prior creditors have a right TO
claim interpret tho statute to
mean just what 90 says Beine n
? statute IN ~deroEatlou Of the com.
mon law 10 must be construed
strictly and the statute says. All
the property stock. chooses IN action.
acquired or used in the business
shall as TO the creditors Of any such
persons. be liable FOR the debts Of
such person This principal has
been laid down I'm various decisions
by the courts both ~ Virginia and
West Virginia Tho leading and most
/ recent uttorance upon this question
by our own state Court is that Of
Gable CO. VI Mathcr. q Of. 90. s.. y
1919 And the only question which
troubled mo court was. whether or
not Barker Vas o. trader. and the
court held in this case that he was
not "a trader and therefore did not
c1mo within the purvlow of tha
statute
"The case which is directly I'm