Webster S. Medlin, as Trustee of the Estate of Jones Men's Store, Inc., Bankrupt v. Merit Clothing Company, Incorporated

Sixth Circuit

Webster S. Medlin, as Trustee of the Estate of Jones Men's Store, Inc., Bankrupt v. Merit Clothing Company, Incorporated

283 F.2d 111, 1960 U.S. App. LEXIS 3529

CourtCourt of Appeals for the Sixth Circuit

DecidedOctober 20, 1960

Docket14121_1

StatusPublished

Cited by1 cases

This text of 283 F.2d 111 (Webster S. Medlin, as Trustee of the Estate of Jones Men's Store, Inc., Bankrupt v. Merit Clothing Company, Incorporated) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Webster S. Medlin, as Trustee of the Estate of Jones Men's Store, Inc., Bankrupt v. Merit Clothing Company, Incorporated, 283 F.2d 111, 1960 U.S. App. LEXIS 3529 (6th Cir. 1960).

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Opinion

PER CURIAM.

In order to recover for a preference, it was incumbent upon appellant to establish that appellee had reasonable cause to believe that Jones Men’s Store, Inc. was insolvent at the time the merchandise was returned for credit. Title 11 U.S.C.A. § 96, sub. b.

The District Judge submitted a special interrogatory to the jury eliciting a finding of fact on that issue. The jury answered the interrogatory favorable to appellee. In our opinion, there was substantial evidence to support this finding. There was no error in submitting this factual issue to a jury for determination. Rule 39(b), Federal Rules of Civil Procedure, 28 U.S.C.A.

The judgment of the District Court is affirmed.

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PER CURIAM.

In order to recover for a preference, it was incumbent upon appellant to establish that appellee had reasonable cause to believe that Jones Men’s Store, Inc. was insolvent at the time the merchandise was returned for credit. Title 11 U.S.C.A. § 96, sub. b.

The District Judge submitted a special interrogatory to the jury eliciting a finding of fact on that issue. The jury answered the interrogatory favorable to appellee. In our opinion, there was substantial evidence to support this finding. There was no error in submitting this factual issue to a jury for determination. Rule 39(b), Federal Rules of Civil Procedure, 28 U.S.C.A.

The judgment of the District Court is affirmed.

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283 F.2d 111, 1960 U.S. App. LEXIS 3529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webster-s-medlin-as-trustee-of-the-estate-of-jones-mens-store-inc-ca6-1960.

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