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BLOCK v. A. M. KIDDER & COMPANY

No. 18129.

276 F.2d 203 (1960)

Al B. BLOCK, Appellant, v. A. M. KIDDER & COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

March 29, 1960.

Attorney(s) appearing for the Case

Julius F. Parker, John A. Madigan, Jr., Caldwell, Parker, Foster, Madigan, Oven & Moriarty, Tallahassee, Fla., for appellant.

J. Velma Keen, A. Frank O'Kelley, Charles H. Spitz, Keen, O'Kelley & Spitz, Tallahassee, Fla., for appellee.

Before HUTCHESON, TUTTLE and JONES, Circuit Judges.

PER CURIAM.

The judgment of the trial court is affirmed. This suit was based on a cause of action admittedly existing, if at all, against A. M. Kidder & Company, a limited partnership. The complaint alleged that "all of the partnership's liabilities have been assumed by A. M. Kidder & Co., Inc." This allegation was denied by the corporation. The proof showed conclusively that this particular liability was not assumed. Appellant's claim that appellee was nevertheless...

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