Mercantile Trust Co. v. Chicago, P. & St. L. Ry. Co.

Seventh Circuit

Mercantile Trust Co. v. Chicago, P. & St. L. Ry. Co.

147 F. 699, 78 C.C.A. 87, 1906 U.S. App. LEXIS 4283

CourtCourt of Appeals for the Seventh Circuit

DecidedMay 1, 1906

DocketNo. 1,233

StatusPublished

Cited by1 cases

This text of 147 F. 699 (Mercantile Trust Co. v. Chicago, P. & St. L. Ry. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mercantile Trust Co. v. Chicago, P. & St. L. Ry. Co., 147 F. 699, 78 C.C.A. 87, 1906 U.S. App. LEXIS 4283 (7th Cir. 1906).

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Opinion

PER CURIAM.

The only question is whether the report of the-master, on which the decree appealed from is based, is supported by sufficient evidence. On every material element of appellee’s case evidence was produced. The master was in the best position to-judge of the weight and credibility of the testimony given orally before him, and his finding, approved by the Circuit Court, should not be disturbed by us, unless it appears that an obvious mistake was made in the consideration of the evidence. Crawford v. Neal, 144 U. S. 585, 12 Sup. Ct. 759, 36 L. Ed. 552. So far from this being true,, we are satisfied that the finding was amply justified by the record.

The decree is affirmed.

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PER CURIAM.

The only question is whether the report of the-master, on which the decree appealed from is based, is supported by sufficient evidence. On every material element of appellee’s case evidence was produced. The master was in the best position to-judge of the weight and credibility of the testimony given orally before him, and his finding, approved by the Circuit Court, should not be disturbed by us, unless it appears that an obvious mistake was made in the consideration of the evidence. Crawford v. Neal, 144 U. S. 585, 12 Sup. Ct. 759, 36 L. Ed. 552. So far from this being true,, we are satisfied that the finding was amply justified by the record.

The decree is affirmed.

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147 F. 699, 78 C.C.A. 87, 1906 U.S. App. LEXIS 4283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercantile-trust-co-v-chicago-p-st-l-ry-co-ca7-1906.

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