Thomson v. Gortner

In this record there are two appeals — one in an action of Irover for the value of two promissory notes, which the declaration alleges the defendants converted to their own use; and the other in an action of assumpsit for canned corn, bargained and sold by the plaintiff to the defendants. Both suits were between the same parties— G-ortner as plaintiff and E. B. Mallory & Co. defendants —and were both tried together, as against Thomson, one of the partners of that firm. The trials were had before the Court without the intervention of a jury. In such cases the finding of facts by the Court is…