54 F.2d 286 (1931) AMOS, Comptroller of State of Florida, v. TRUST CO. OF FLORIDA et al. ILLICK et al. v. SAME. TRUST CO. OF FLORIDA et al. v. ILLICK et al. No. 6450. Circuit Court of Appeals, Fifth Circuit. December 16, 1931. *287 Cary D. Landis, Atty. Gen. of Florida, Henry P. Adair and John M. McNatt, both of Jacksonville, Fla., and Carl T. Hoffman, of Miami, Fla., for Ernest Amos. Mitchell D. Price, of Miami, Fla., for Trust Company of Florida and others. Henry K. Gibson, of Miami, Fla.,...
54 F.2d 556 (1931) UNITED STATES v. CRUME. No. 6382. Circuit Court of Appeals, Fifth Circuit. December 21, 1931. *557 Eric Eades, U. S. Veterans' Administration, of Dallas, Tex., and Norman A. Dodge, U. S. Atty., and Alex M. Mood, Asst. U. S. Atty., both of Fort Worth, Tex., for the United States. W. S. Birge, of Amarillo, Tex., for appellee. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. In 1929 Crume brought suit upon a war risk insurance policy, alleging that...
53 F.2d 40 (1931) STANDARD ACC. INS. CO. v. E. T. SHEFTALL & CO. et al. No. 6375. Circuit Court of Appeals, Fifth Circuit. October 28, 1931. Max F. Goldstein, of Atlanta, Ga., for appellant. J. Kurt Holland and Herbert J. Haas, both of Atlanta, Ga., for appellees. Before BRYAN, SIBLEY, and WALKER, Circuit Judges. SIBLEY, Circuit Judge. At the instance of the appellees, and over the resistance of the appellant, the Wallace Construction Company was adjudged an involuntary bankrupt on the sole...
52 F.2d 918 (1931) PRUDENTIAL LOAN & FINANCE CO. v. ROBARTS. No. 6365. Circuit Court of Appeals, Fifth Circuit. October 26, 1931. W. Emmett Perry, of Birmingham, Ala., for appellant. O. S. Finch, of Birmingham, Ala., for appellee. Before BRYAN, SIBLEY and WALKER, Circuit Judges. SIBLEY, Circuit Judge. W. H. Robarts was granted a discharge in bankruptcy on an application filed November 29th, 1929. The appellant, Prudential Loan & Finance Company, sought to have its debt excepted from the...
53 F.2d 820 (1931) STRANG v. UNITED STATES. No. 6348. Circuit Court of Appeals, Fifth Circuit. November 20, 1931. J. P. Miller, of Dallas, Tex., and J. R. Maceo, of Fort Worth, Tex., for appellant. Norman A. Dodge, U. S. Atty., of Fort Worth, Tex. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. On October 10, 1929, Fred Strang was convicted in a District Court for using the mails to defraud, and brought his case by appeal to this court, where it was affirmed on...
54 F.2d 209 (1931) CLEMMONS v. COMMISSIONER OF INTERNAL REVENUE (two cases). GORDON v. SAME (two cases). Nos. 6338-6341. Circuit Court of Appeals, Fifth Circuit. December 18, 1931. Rehearing Denied January 16, 1932. *210 L. J. Benckenstein, of Beaumont, Tex., J. Blanc Monroe, Monte M. Lemann, and Nicholas Callan, all of New Orleans, La., for petitioners. G. A. Youngquist, Asst. Atty. Gen., Sewall Key, and A. H. Conner, Sp. Assts. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of...
52 F.2d 1078 (1931) BRYANT v. VESTLAND. No. 6306. Circuit Court of Appeals, Fifth Circuit. October 27, 1931. *1079 Edgar J. Oliver, of Savannah, Ga., for appellant. A. R. Lawton, Jr., of Savannah, Ga., for appellee. Before BRYAN, FOSTER, and WALKER, Circuit Judges. FOSTER, Circuit Judge. Appellant, the widow of Robert Bryant and administratrix of his estate, filed a libel in personam against appellees, owners of the steamship Polarland, to recover damages for his death, alleged to have been...
54 F.2d 554 (1931) UNITED STATES v. MARTIN. No. 6301. Circuit Court of Appeals, Fifth Circuit. December 19, 1931. Norman A. Dodge, U. S. Atty., and Alex M. Mood, Asst. U. S. Atty., both of Fort Worth, Tex., and Eric Eades, Regional Atty., Veterans' Administration, of Dallas, Tex., for the United States. Talma L. Smith, of Washington, D. C., and W. S. Birge, of Amarillo, Tex., for appellee. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. Martin, suing upon a war...
53 F.2d 463 (1931) BRYAN v. SPEAKMAN. No. 6288. Circuit Court of Appeals, Fifth Circuit. November 2, 1931. W. E. Norvell, Jr., of Nashville, Tenn., James H. Anderson, of Chattanooga, Tenn., and Samuel Nesbitt Evins, of Atlanta, Ga., for appellant. Robert C. Alston and Philip H. Alston, both of Atlanta, Ga., and Saul S. Myers and Selden Bacon, both of New York City, for appellee. Before BRYAN, HUTCHESON, and WALKER, Circuit Judges. HUTCHESON, Circuit Judge. Appellant is the receiver of a state...
53 F.2d 586 (1931) DOWNER v. DUNAWAY. No. 6286. Circuit Court of Appeals, Fifth Circuit. November 20, 1931. Rehearing Denied December 18, 1931. *587 *588 Harry S. Strozier, of Macon, Ga., and W. A. Sutherland, A. T. Walden, and Granger Hansell, all of Atlanta, Ga., for appellant. T. R. Gress, of Atlanta, Ga., for appellee. Before BRYAN, FOSTER, and WALKER, Circuit Judges. BRYAN, Circuit Judge. This is an appeal from an order denying a petition for the writ of habeas corpus. It is here upon a...
53 F.2d 299 (1931) MOORE v. CHRISTIENSEN S. S. CO. No. 6281. Circuit Court of Appeals, Fifth Circuit. November 3, 1931. Edgar J. Oliver, of Savannah, Ga., for appellant. A. R. Lawton, Jr., of Savannah, Ga., for appellee. Before BRYAN, FOSTER, and WALKER, Circuit Judges. BRYAN, Circuit Judge. This is an appeal from a decree dismissing, on exceptions, a libel in personam which sought to hold a shipowner liable for negligently causing the death in 1929 of a longshoreman while he and other...
54 F.2d 212 (1931) L'HOTE et al. v. CROWELL, Deputy Com'r, et al. No. 6270. Circuit Court of Appeals, Fifth Circuit. December 18, 1931. Rehearing Denied January 16, 1932. *213 Selim B. Lemle, of New Orleans, La., for appellants. E. E. Talbot, U. S. Atty., of New Orleans, La., for appellee Crowell. H. W. Robinson, of New Orleans, La., for appellee Payne. Before BRYAN, SIBLEY, and WALKER, Circuit Judges. BRYAN, Circuit Judge. Richard Payne, a longshoreman, was fatally injured while he was...
53 F.2d 825 (1931) PLANTERS' COTTON OIL CO., Inc., et al. v. HOPKINS, Internal Revenue Collector. No. 6243. Circuit Court of Appeals, Fifth Circuit. November 20, 1931. J. M. Burford, of Dallas, Tex., and J. L. Gammon, of Waxahachie, Tex., for appellants. Wright Matthews, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., and *826 Norman A. Dodge, U. S. Atty., of Fort Worth, Tex., for appellee. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. The...
54 F.2d 69 (1931) FUENTES v. GULF COAST DREDGING CO. No. 6239. Circuit Court of Appeals, Fifth Circuit. December 8, 1931. W. E. Price, of Galveston, Tex., for appellant. J. Newton Rayzor, of Houston, Tex., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. BRYAN, Circuit Judge. This is an action at law by appellant to recover damages for personal injuries sustained by him while he was employed as oiler and helper on a dredge. It was brought under section 33 of the Merchant...
53 F.2d 1 (1931) J. P. STEVENS ENGRAVING CO. v. UNITED STATES. No. 6222. Circuit Court of Appeals, Fifth Circuit. October 23, 1931. Rehearing Denied November 21, 1931. W. A. Sutherland and Joseph B. Brennan, both of Atlanta, Ga., for appellant. C. P. Goree, Asst. U. S. Atty., of Atlanta, Ga. Before BRYAN, HUTCHESON, and WALKER, Circuit Judges. WALKER, Circuit Judge. This was an action by the appellant to recover the amount of additional income and excess profits taxes for the fiscal year 1921...
50 F.2d 830 (1931) SUPER MAID COOK-WARE CORPORATION v. HAMIL et al. No. 6209. Circuit Court of Appeals, Fifth Circuit. June 22, 1931. Rehearing Denied July 30, 1931. Edwin C. Hollins, of New Orleans, La., and Samuel J. Andalman, of Chicago, Ill., for appellant. A. N. Moursund, of San Antonio, Tex., and John P. Bullington, of Houston, Tex., for appellees. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. This appeal has for its object the reversal of the decree of...
47 F.2d 1071 (1931) DAVIS v. UNITED STATES. [*] In re DAVIS. No. 6208. Circuit Court of Appeals, Fifth Circuit. April 2, 1931. Rehearing Denied May 5, 1931. Jesse E. Martin and Wm. J. Berne, both of Fort Worth, Tex., for appellant. Norman A. Dodge, U. S. Atty., of Fort Worth, Tex. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. PER CURIAM. After the appeal to this court was perfected, leave was sought by the appellant to file a motion for a new trial in the District Court because of...
53 F.2d 562 (1931) FRANCO et al. v. NEW YORK LIFE INS. CO. No. 6200. Circuit Court of Appeals, Fifth Circuit. November 17, 1931. Rehearing Denied December 14, 1931. *563 Richard T. Rives and Thomas B. Hill, Jr., both of Montgomery, Ala., for appellants. H. F. Crenshaw, of Montgomery, Ala., for respondent. Before BRYAN, SIBLEY, and WALKER, Circuit Judges. WALKER, Circuit Judge. Within two years after the respective dates of issue, May 24, 1928 and May 29, 1928, of two life insurance policies...
54 F.2d 67 (1931) AMERICAN RY. EXPRESS CO., Inc., v. PRICE BROS., Inc. No. 6176. Circuit Court of Appeals, Fifth Circuit. December 10, 1931. Rehearing Denied January 9, 1932. Grady Lowrey, of Del Rio, Tex., for appellant. C. A. Davies, of San Antonio, Tex., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. Price Brothers raised small onions, and leaving part of the growing foliage on them tied them into bundles and shipped them in crates to others to...
50 F.2d 158 (1931) PUTNAM NAT. BANK v. COMMISSIONER OF INTERNAL REVENUE. No. 6173. Circuit Court of Appeals, Fifth Circuit. May 27, 1931. J. V. Walton and Thos. B. Dowda, both of Palatka, Fla., for petitioner. G. A. Youngquist, Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and James K. Polk, Jr., Sp. Atty. Bureau of Internal Revenue, both of Washington, D. C., J. Louis Monarch and Norman D. Keller, Sp. Assts. to Atty. Gen., for...
