SMITH
v.
KENTUCKY

U.S. | 1964-02-17
Nos. 801, Misc.
376 U.S. 921 Supreme Court of the United States (1964) Caution
Cited by 2 cases

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  • …ng the lease, the lessee was a tenant at sufferance. This was recently followed in Painter v. Town of Groveland, 79 So. 2d 765 (Fla.1955). This Court held in Mossier Acceptance Co. v. Jack Martin Newer Cars, 322 F. 2d 183 (5th Cir. 1963) cert. den. 376 U.S. 921, 84 S.Ct. 679, 11 L.Ed.2d 616, that under Florida law the estate of a tenant at will was not susceptible of assignment or grant, and, therefore, was not to be included as an asset in determining the issue of solvency in a bankruptcy proceeding. We c…
  • Spokane Valley Gen. Hosp., Inc. v. Schweiker, 697 F.2d 848 (9th Cir. 1983)
    …port in the record. Nor can the government find support in cases holding that goodwill “cannot be disposed of separately from the business of which it is a part,” Mossler Acceptance Co. v. Martin, 322 F. 2d 183, 185-86 (5th Cir.1963), cert. denied, 376 U.S. 921, 84 S.Ct. 679, 11 L.Ed.2d 616 (1964); see also Trask v. Susskind, 376 F. 2d 17, 20 (5th Cir.1967). Those cases are inapposite here. American Medicorp and SVGH II purchased a “business” fully capable of operating the hospital and thus necessarily acq…

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