Finance & Guaranty Co. v. Oppenhimer

Fourth Circuit

Finance & Guaranty Co. v. Oppenhimer

15 F.2d 1011, 1926 U.S. App. LEXIS 3084

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 30, 1926

DocketNo. 2506

StatusPublished

This text of 15 F.2d 1011 (Finance & Guaranty Co. v. Oppenhimer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Finance & Guaranty Co. v. Oppenhimer, 15 F.2d 1011, 1926 U.S. App. LEXIS 3084 (4th Cir. 1926).

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Opinion

PER CURIAM.

This case has been before us twice. What we had to say about it at its first presentation will be found in 5 F. (2d) 486. When, in pursuance to our man•date, it was again tried below, a jury trial was waived in writing. The learned District Judge was thus made the trier of the facts, and he found that the value of the property converted by the appellant was $4,190.99. There was sufficient evidence.to support this conclusion, and its accuracy is not reviewable here.

On the fundamental question as to the relative rights of the trustee and the appellant, the case made at the second trial did not differ from the one upon which we had already passed. None of the exceptional circumstances which sometimes justify a departure from the rule of the law of the case are found here.

Affirmed.

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PER CURIAM.

This case has been before us twice. What we had to say about it at its first presentation will be found in 5 F. (2d) 486. When, in pursuance to our man•date, it was again tried below, a jury trial was waived in writing. The learned District Judge was thus made the trier of the facts, and he found that the value of the property converted by the appellant was $4,190.99. There was sufficient evidence.to support this conclusion, and its accuracy is not reviewable here.

On the fundamental question as to the relative rights of the trustee and the appellant, the case made at the second trial did not differ from the one upon which we had already passed. None of the exceptional circumstances which sometimes justify a departure from the rule of the law of the case are found here.

Affirmed.

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Bluebook (online)

15 F.2d 1011, 1926 U.S. App. LEXIS 3084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finance-guaranty-co-v-oppenhimer-ca4-1926.