Legal Opinion
Tucker v. Dr. P. Phillips Co.
Court of Appeals for the Fifth Circuit
Decided December 29, 1943No. 10774PublishedCited by 16 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This is a suit by the trustee in bankruptcy of Southern Roadside Restaurants, Inc., against the appellees for an accounting for moneys of the bankrupt alleged to have been wrongfully appropriated. The court below held that no wrongful appropriation of the funds was proven, and directed a verdict for the defendants. The trustee has appealed.
In 1940, Locar, Inc., by written contract agreed to lease to Howard Johnson, Inc., certain real estate in Florida, and to erect thereon improvements designed for use as a restaurant. The lease was for a period of ten years at a rental…
2Cases cited4 opinions
- Chace v. JohnsonSupreme Court of Florida · 1929
- Ullendorff v. GrahamSupreme Court of Florida · 1920
- Tomasello, Jr. v. MurphySupreme Court of Florida · 1930
- Chace, Sr. v. SmithSupreme Court of Florida · 1931
3Cited by16 opinions
- American National Bank Of Jacksonville v. Federal Deposit Insurance CorporationCourt of Appeals for the Eleventh Circuit · 1983
- Tuscon Title Insurance Company v. D'AscoliArizona Supreme Court · 1963
- Ingemar Johansson v. United StatesCourt of Appeals for the Fifth Circuit · 1964
- In Re First Capital Mortgage Loan CorporationCourt of Appeals for the First Circuit · 1990
- Howard Johnson, Inc., of Florida v. TuckerCourt of Appeals for the Fifth Circuit · 1946
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