Phœnix Securities Co. v. Dittmar
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second^ Division of the Northern District of California; Wtn. C. Van Fleet,” Judge. Action by M. E. Dittmar against the Phoenix Securities Company. Judgment for plaintiff, and defendant brings error. The defendant in error was the plaintiff in an action at law to recover a commission upon a sale of mining properties.
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In Error to the District Court of the United States for the Second^ Division of the Northern District of California; Wtn. C. Van Fleet,” Judge. Action by M. E. Dittmar against the Phoenix Securities Company. Judgment for plaintiff, and defendant brings error. The defendant in error was the plaintiff in an action at law to recover a commission upon a sale of mining properties. The plaintiff in Californa conducted correspondence wth the defendant in New York in the spring of 1907, which resulted finally in a contract of date May 1, 1907, whereby the defendant and the Stauffer Chemical Company…
1Opinion of the CourtGilbert, Circuit Judge
[1] (after stating the facts as above). Upon the assignment that there was no evidence to sustain the judgment, the question arises; To what extent may the decision of the court below be reviewed here upon the writ of error ? The statute of March 3, 1865 (13 Stat. 501; Rev. Stat. §§ 649, 700), provides in substance that the finding of the court upon the facts, in a case where an action is submitted to the court by a written consent to waive a jury, shall have the same effect as the verdict of a jury, and that the rulings of the court in the progress of the trial of the cause, when excepted to…
2Cases cited25 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Martinton v. FairbanksSupreme Court of the United States · 1885
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- Wilson v. Merchants' Loan & Trust Co. of ChicagoSupreme Court of the United States · 1901
- Roberts v. GrahamSupreme Court of the United States · 1868
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3Cited by4 opinions
- Twin City Fire Ins. v. Stockmen's Nat. Bank of Ft. BentonCourt of Appeals for the Ninth Circuit · 1919
- First Nat. Bank of Casselton v. National City Bank of ChicagoCourt of Appeals for the Eighth Circuit · 1919
- Vere v. BianchiSupreme Court of Puerto Rico · 1924
- Vere v. BianchiSupreme Court of Puerto Rico · 1924