American Nat. Bank v. Watkins
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. This action is brought to recover a balance of $6,000 claimed to be due upon a note of $16,000, dated January 20, 1892, made by the defendant in error to William Barth, payable four years after date. Barth was president of the City National Bank of Denver, and it is alleged that he transferred it to the bank, which in turn transferred it to the plaintiff in error.
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. This action is brought to recover a balance of $6,000 claimed to be due upon a note of $16,000, dated January 20, 1892, made by the defendant in error to William Barth, payable four years after date. Barth was president of the City National Bank of Denver, and it is alleged that he transferred it to the bank, which in turn transferred it to the plaintiff in error. The defense is: First, that the plaintiff in error is the successor of the City National Bank, taking its assets and assuming its obligations,…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). The special finding of the statute should speak the ultimate facts on which the law must determine -the rights of the parties, and should not contain a_ statement'of the evidence from'which those facts are determined. It is immaterial whether the finding rests on oral testimony or upon written evidence, or in part upon one and in part upon the other. The finding of fact is conclusive upon the appellate court, which may not search the evidence to ascertain if the finding be warranted. We may only inquire whether error intervened in the admission or exclusion…
2Cases cited15 opinions
- Holmes v. GoldsmithSupreme Court of the United States · 1893
- Lancaster v. CollinsSupreme Court of the United States · 1885
- Wilson v. Merchants' Loan & Trust Co. of ChicagoSupreme Court of the United States · 1901
- Avery v. BrownSupreme Court of Connecticut · 1863
- Pulsifer v. HotchkissSupreme Court of Connecticut · 1837
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3Cited by3 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Babbitt Bros. Trading v. New Home Sewing Mach. Co.Court of Appeals for the Ninth Circuit · 1932
- Scandinavian-American Bank v. United States Nat. BankCourt of Appeals for the Eighth Circuit · 1921