Opinion · Court of Appeals for the Fourth Circuit
Commercial Casualty Ins. v. Williams
49 F.2d 472
- Type
- Opinion
- Court
- Court of Appeals for the Fourth Circuit
- Jurisdiction
- Federal
- Date
- 1931-06-17
- Topic
- general
PER CURIAM. This ease was before this court on question of ownership of the property here in controversy. Commercial Casualty Ins. Co. v. Williams, 37 F.(2d) 326.
Citator
UpLaw has not yet analyzed Commercial Casualty Ins. v. Williams. The absence of a flag is not a finding that it is good law.
- Cited by
- 2 opinions
COMMERCIAL CASUALTY INS. CO. v. WILLIAMS,49 F.2d 472(4th Cir. 1931)
COMMERCIAL CASUALTY INS. CO. v. WILLIAMS.
No. 3150.
Circuit Court of Appeals, Fourth Circuit.
June 17, 1931.
Action by A.S. Williams, trustee in bankruptcy of Walter Clark, against the Commercial Casualty Insurance Company. From a judgment for plaintiff for the amount found by the referee's report, defendant appeals.
Affirmed.
Marsden Bellamy and E.K. Bryan, both of Wilmington, N.C., for appellee.
Before NORTHCOTT, Circuit Judge, and McCLINTIC and ERNEST F. COCHRAN, District Judges.
It has been repeatedly held by this court that the District Court's findings of fact, supported by evidence, will not be reversed, unless clearly wrong. Chesapeake Lighterage Towing Co., Inc., v. Baltimore Copper Smelting Rolling Co. (C.C.A.)40 F.2d 394, and cases there cited. This rule is at least equally applicable where the finding of the judge is based upon the report of a referee, for there we not only have the judgment of the referee, who took the testimony and heard the witnesses, but the judgment of the court. Here, an examination of the record convinces us that the report of the referee was clearly right. Appellant took the property wrongfully, and certainly cannot be allowed to profit by its wrong. In re Schilling et al. (D.C.) 264 F. 357, and authorities there cited.
Affirmed.Page 581