MOSSLER ACCEPTANCE COMPANY v. MARTIN

No. 19783.

322 F.2d 183 (1963)

MOSSLER ACCEPTANCE COMPANY, d/b/a Allen-Parker Company, Appellant, v. Coy Elmo MARTIN, also known as C. E. Martin, t/d/b/a Jack Martin Newer Cars, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 23, 1963.


Attorney(s) appearing for the Case

Jackson A. Cargill, of Warrick, Cargill & LeFevre, Winter Park, Fla., Leslie A. Todd, Robert I. Shapiro, of Pallot, Marks, Lundeen, Poppell & Horwich, Miami, Fla., for appellant.

J. Russell Hornsby, Dominick J. Salfi, Orlando, Fla., for appellee.

Before JONES, BROWN and LEWIS, Circuit Judges.


JONES, Circuit Judge.

The appellant, Mossler 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. Mossler has appealed. Two questions are presented; first, did the evidence require a directed verdict, or a judgment notwithstanding the verdict, or...

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