Coon v. Wilson

BUFFINGTON, Circuit Judge..

In the court below Coon, who is since dead and executors substituted, brought an action of assumpsit against Wilson to recover for money had and received by him and alleged not to have been accounted for. By agreement, trial by jury was waived and the case heard by the judge, who found in favor of Wilson. From a judgment entered thereon this appeal was taken.

It will be noted that the findings of the court have the same effect and finality as though made by a jury. Assuming such to he tlie law, the contention of the plaintiff is in substance a demurrer to the…