Edmund Wright, as Trustee in Bankruptcy of W. C. Loftus & Co., Respondent v. Edward Hart, Appellant

Summary

The New York Court of Appeals held that Chapter 538 of the Laws of 1903, which makes bulk sales of merchandise void unless onerous procedural requirements are met, violates the due‑process and equal‑protection clauses of the State and Federal Constitutions and is therefore unconstitutional. The Court reversed the Appellate Division and sustained the defendant’s demurrer, finding the statute an unreasonable and arbitrary restraint on the liberty and property rights of merchants.