Atlas Rock Co. v. Miami Beach Builders' Supply Co.
Decision Date | 01 April 1925 |
Citation | 103 So. 615,89 Fla. 340 |
Parties | ATLAS ROCK CO. v. MIAMI BEACH BUILDERS' SUPPLY CO. |
Court | Florida Supreme Court |
En Banc.
Error to Circuit Court, Dade County; A. J. Rose, Judge.
A judgment by confession was rendered against J. W. Williams doing business as the Atlas Rock Company, in favor of the Miami Beach Builders' Supply Company, and the Atlas Rock Company interposed a claim as third party claimant. Judgment for plaintiff, and third party claimant brings error.
Reversed.
Syllabus by the Court
Bulk Sales Act interpreted and applied so as to limit operation thereof to bulk sales of goods, wares and merchandise. The title to chapter 5679, Acts of 1907, restricts the subject of the act to a regulation of 'the sale of stocks of goods wares and merchandise in bulk,' and the provisions of the act should be so interpreted and applied as to limit the operation of the act to the restricted subject expressed in the title.
Re-enactment in Revised General Statutes of Bulk Sales Act, without title does not change or enlarge scope of law. The re-enactment in the Revised General Statutes of chapter 5679, Acts 1907 without the title, does not change or enlarge the scope of the law in the absence of an indicated intent to alter the scope of the enactment.
Bulk Sales Law held not to make arbitrary or unreasonable classification. In so far as chapter 5679, the Bulk Sales Law (sections 3865 et seq., Revised General) Statutes 1920) is limited in its operation to wholesale and retail merchants, it does not appear to be an arbitrary or unreasonable classification for statutory regulations.
H. H. Eyles, of Miami, and Fred T. Myers, of Tallahassee, for plaintiff in error.
Semple & Taylor, of Miami, for defendant in error.
Predicated upon a judgment by confession rendered on December 28, 1922, against J. W. Williams, doing business as Atlas Rock Company, in favor of the Miami Beach Builders' Supply Company for $501.60, an execution was issued and levied upon:
'1 Tow boat named 'Otto.' 1 barge approach. 2 barge rock crushers on property of W. G. Just. 2 piles of rock on Just property, also 1 pile of storage rock at Atlas Rock Co. yard.'
A claim as owner of the property was interposed by the Atlas Rock Company, a corporation, through its president, Chas. H. Bartlett, who had obtained the property from Williams before judgment and transferred it to the corporation. At a trial verdict and judgment for the plaintiff were rendered, and the Atlas Rock Company, a corporation, third party claimant, took writ of error.
It appears that the judgment creditor sought to subject the property to the judgment obtained against Williams upon the theory that the Bulk Sales Statute is applicable to the sale from Williams, the debtor, to Bartlett. The court apparently considered that, as in a sale and transfer of the property by Williams to Bartlett the Bulk Sales Law was not complied with, the issue was covered by a charge that:
'The burden of proving its claim to this property is upon the third party claimant, the Atlas Rock Company, a corporation, and, if you believe from the evidence that it has failed to establish its claim as an innocent purchaser for value from Bartlett, then your verdict should be for the plaintiff.'
Whether the transfer from Williams, to Bartlett was effectual as against the judgment creditor was the material consideration in the cause.
The court refused the following requested instruction:
The Bulk Sales Law is as follows:
'An Act to Regulate the Sale of Stocks of Goods, Wares and Merchandise in Bulk, and to Provide Certain Penalties Therefor, and for Other Purposes.
'Be it enacted by the Legislature of the state of Florida:
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