Legal Opinion

Mossler Acceptance Company, D/B/A Allen-Parker Company v. Coy Elmo Martin, Also Known as C. E. Martin, T/d/b/a Jack Martin Newer Cars

Court of Appeals for the Fifth Circuit

Decided September 23, 1963No. 19783_1PublishedCited by 10 opinions

1Opinion of the Court

JONES, Circuit Judge.

The appellant, Mossier Acceptance Company, filed an involuntary petition in bankruptcy against the appellee, Coy Elmo Martin. The issue of insolvency of Martin was submitted to a jury. The jury returned a verdict that Martin was solvent between the decisive dates and judgment was entered for him. Mossier has appealed. Two questions are presented; first, did the evidence require a directed verdict, or a judgment notwithstanding the verdict, or a new trial; and second, was the argument of Martin’s counsel to the jury so prejudicial as to require reversal. Martin had been a…

2Cases cited10 opinions

  1. Metropolitan Bank v. St. Louis Dispatch Co.Supreme Court of the United States · 1893
  2. A. Harris & Co. v. LucasCourt of Appeals for the Fifth Circuit · 1931
  3. Langham, Langston & Burnett v. Thomas B. Blanchard, Trustee of the Estate of Lone Star Sulphur Corporation, BankruptCourt of Appeals for the Fifth Circuit · 1957
  4. Spiritwood Grain Co. v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1950
  5. Mitchell v. Investment Securities Corp.Court of Appeals for the Fifth Circuit · 1933

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3Cited by10 opinions

  1. Robert Robinson, Trustee in Bankruptcy of D. C. Sullivan & Co., Inc. v. Watts Detective Agency, Inc., Daniel Sullivan, Billy R. OtteCourt of Appeals for the First Circuit · 1982
  2. Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.)United States Bankruptcy Court, D. Minnesota · 1985
  3. Webster v. Barbara (In Re Otis & Edwards, P.C.)United States Bankruptcy Court, E.D. Michigan · 1990
  4. David L. Trask, Trustee in Bankruptcy of Magic Spuds, Inc. v. Carl SusskindCourt of Appeals for the Fifth Circuit · 1967
  5. Allegaert v. Chemical BankDistrict Court, E.D. New York · 1976

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