Evans v. Kister
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. , This' was an action at law upon a promissory note executed for the purchase price of certain machinery. The maker of the note was a street-railway corporation, called the Park City Railway Company, and I<\ D. Kister, Jr., was an accommodation security. The suit was against the street-railway company and its surety, Kister.
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In Error to the Circuit Court of the United States for the District of Kentucky. , This' was an action at law upon a promissory note executed for the purchase price of certain machinery. The maker of the note was a street-railway corporation, called the Park City Railway Company, and I<\ D. Kister, Jr., was an accommodation security. The suit was against the street-railway company and its surety, Kister. The latter, after pleading jointly with his principal, obtained leave to plead separately, and in his defense pleaded among other defenses not now important: (1) That the obligation, though…
1Opinion of the Court
LURTON, Circuit Judge;
after making the foregoing statement of facts, delivered the opinion of the court.
Where a jury is waived, and a judgment rendered upon a special finding of fact by the court, the review of such judgment upon a writ of error “may extend to the sufficiency of the facts found to support the judgment.” Rev. St. § 700; Dickinson v. Bank, 16 Wall. 250. It is otherwise if there be only a general finding, and no exceptions to the rulings of the court in the progress of the trial. British Queen Min. Co. v. Baker Silver Min. Co., 139 U. S. 222, 11 Sup. Ct. 523. The note in suit…
2Cases cited34 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- United States v. New Orleans RailroadSupreme Court of the United States · 1871
- Ford v. . CobbNew York Court of Appeals · 1859
- Hayes v. WardNew York Court of Chancery · 1819
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3Cited by12 opinions
- Union Trust Co. v. Southern Sawmills & Lumber Co.Court of Appeals for the Fourth Circuit · 1908
- Triumph Electric Co. v. PattersonCourt of Appeals for the Eighth Circuit · 1914
- Contracting & Building Co. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1900
- Nunn v. SmithCourt of Appeals of Texas · 1917
- United States Mortgage & Trust Co. v. Chicago & A. R. Co.Court of Appeals for the Seventh Circuit · 1930
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