Pearson v. National Soc. of Public Accountants
| Decision Date | 14 January 1953 |
| Docket Number | No. 13951.,13951. |
| Citation | 200 F.2d 897 |
| Parties | PEARSON et al. v. NATIONAL SOC. OF PUBLIC ACCOUNTANTS et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Lawrence R. Taylor, Jr., Fort Worth, Tex., Wentworth T. Durant, Dallas, Tex., for appellants.
Fritz Lyne and George S. Terry, Dallas, Tex., for appellees.
Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.
This is an appeal from a judgment of the United States District Court for the Northern District of Texas dismissing plaintiffs' suit on the ground that the actual amount in controversy was less than $3,000 exclusive of interest and costs.
The relevant facts alleged in plaintiffs' complaint are as follows: Plaintiffs, both of whom are citizens of Texas, operated a printing business in Dallas, Texas under the name of "Jack Pearson Company" a partnership, and, during the period extending from October 1, 1950 through April 21, 1951, printed for Accountants Publishing Company, a Delaware corporation, the latter's publication known as "The National Public Accountant". At the end of that period the unpaid balance on this account was $2,031.45, and as Accountants Publishing Company was then in financial difficulties, its president Henry S. Koepcke personally guaranteed payment of the account. On May 5, 1951, a meeting of the stockholders of Accountants Publishing Company was held in Dallas, Texas for the purpose of considering liquidation of the obligations of the company, which meeting was attended by Koepcke and by Jack Pearson, one of the partner-plaintiffs. At that meeting James A. Gorman, a defendant herein, appeared as proxy holder for the majority of the voting stock of Accountants Publishing Company — namely, the National Society of Public Accountants, a Delaware corporation, the other defendant herein — and, acting on behalf of said National Society of Public Accountants, and as part of a settlement proposed by it, Gorman offered to pay plaintiffs in cash within ninety (90) days, 65¢ on the dollar on their claim if they would not sue as they had threatened; which offer Pearson accepted. Henry S. Koepcke had advanced monies on behalf of Accountants Publishing Company of which $2,167.45 had not been repaid, and at the meeting of May 5th, as part of the plan of liquidation proposed by National Society of Public Accountants, defendant Gorman agreed to pay these advances to Koepcke. Neither of these claims being paid as promised, Koepcke, in order to induce plaintiffs not to sue him as guarantor of the obligations...
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