Legal Opinion · Dissent

Gordon v. Spalding

Court of Appeals for the Fifth Circuit

Decided June 29, 1959No. 17451Published

1DissentRives, Circuit Judge

The bankrupt was, in my opinion, a stockbroker and was acting as a stockbroker when he received the check for $3,550.00 from the claimant’s assignors. The claimant, the trustee in bankruptcy, and the bankrupt entered into a stipulation of facts including the following:

“1. On and prior to September 3rd, 1956, the Bankrupt, John Raymond Lucas, was engaged in business in Birmingham, Alabama, as a stockbroker.
“2. On some date between August 27, 1956 and September 3rd, 1956, said Bankrupt accepted an order from Charlie Thompson and Otis R. Brown of Chattanooga, Tennessee for the purchase of 100…

2Cases cited11 opinions

  1. Colorado v. United StatesSupreme Court of the United States · 1926
  2. New York v. United StatesSupreme Court of the United States · 1922
  3. Transit Commission v. United StatesSupreme Court of the United States · 1932
  4. In Re Chicago Rapid Transit Co.Court of Appeals for the Seventh Circuit · 1942
  5. First Nat. Bank v. WilliamsSupreme Court of Alabama · 1921

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