Legal Opinion

Phillips v. C. Palomo & Sons

Court of Appeals for the Fifth Circuit

Decided September 30, 1959No. 17642PublishedCited by 9 opinions

1Opinion of the Court

WISDOM, Circuit Judge.

This appeal concerns exemptions under the law of Texas: When a partnership in bankruptcy owns four truck-trailers, is one truck-trailer exempt to each of four partners under an exemption statute allowing “every family” two horses and a wagon?1 We are compelled to answer, “Yes”.

Canuto Palomo and his three sons, Esteban, Domingo, and Louis Palomo, organized a partnership, C. Palomo & Sons, in November, 1954, to engage in the wholesale fruit, vegetable, and produce business. Canuto furnished the entire capital, which was divided among the partners in the following…

2Cases cited16 opinions

  1. Chandler v. WelbornTexas Supreme Court · 1956
  2. Hickman v. HickmanTexas Supreme Court · 1950
  3. P. J. Willis & Bro. v. MorrisTexas Supreme Court · 1886
  4. Green v. RaymondTexas Supreme Court · 1882
  5. Swearingen v. BassettTexas Supreme Court · 1886

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3Cited by9 opinions

  1. In the Matter of Michael M. Witlin, Bankrupt. Stephen H. Judson, Trustee in Bankruptcy, and Evelyn Williams, Creditor v. Michael M. WitlinCourt of Appeals for the Fifth Circuit · 1981
  2. Appleton v. Gagnon (In Re Gagnon)United States Bankruptcy Court, M.D. Pennsylvania · 1983
  3. In Re Hygrade Envelope Corp.District Court, E.D. New York · 1967
  4. In the Matter of Kenneth Thomas Williams, Bankrupt-Appellant v. Jack Wirt, TrusteeCourt of Appeals for the Fifth Circuit · 1970
  5. In the Matter of Marcel Jay Gould, Bankrupt. Marcel Jay Gould, Bankrupt v. H. A. Phillips, TrusteeCourt of Appeals for the Fifth Circuit · 1972

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