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WHALE HARBOR SPA, INC. v. WOOD

No. 17315.

266 F.2d 953 (1959)

WHALE HARBOR SPA, INC., Appellant, v. Thomas E. WOOD, as Executor of the Estate of Dorothy W. Wood, Deceased, Appellee.

United States Court of Appeals Fifth Circuit.

May 15, 1959.

Attorney(s) appearing for the Case

Phillip Goldman, Miami, Fla., for appellant.

Paul L. E. Helliwell, Miami, Fla., Timothy S. Hogan, Cincinnati, Ohio, Helliwell, Melrose & Sanderson, Miami, Fla., Cohen, Baron, Druffel & Hogan, Cincinnati, Ohio, for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.

JONES, Circuit Judge.

The appellant, Whale Harbor Spa, Inc., is a Florida corporation. Its stock was owned in equal shares by Dorothy W. Wood and Al B. Luckey. The corporation was managed by Luckey. The Luckey and Wood families had been close friends over a period of many years. Between May 1, 1946, and October 14, 1948, Mrs. Wood made six open loans aggregating $24,750 to the corporation. These loans were not evidenced by...

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