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ROBERTS v. MARSH

No. 16891.

316 F.2d 385 (1963)

William A. ROBERTS, Individually and as Director and Stockholder of Capitol Insurance Underwriters, Inc., and Capitol Insurance Underwriters, Inc., Appellants, v. John D. MARSH et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 14, 1963.

Attorney(s) appearing for the Case

Mr. Edmund D. Campbell, Washingto, D. C., with whom Mr. Bradley G. McDonald and Miss Betty Jane Southard, Washington, D. C., were on the brief, for appellants.

Mr. James C. Toomey, Washington, D. C., for appellees.

Before BAZELON, Chief Judge, and WILBUR K. MILLER and WRIGHT, Circuit Judges.

PER CURIAM.

Appellants' suit on a promissory note and for recision of an agreement to purchase the majority interest in an insurance business was dismissed by the District Court after a full trial on the merits. While we find that the action of the District Court concerning recision is supported by the evidence sufficiently to pass the "clearly erroneous" test, we cannot say the same about the claim on the promissory note. The note was for $10,000, payable to appellant...

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