Ocean Accident & Guarantee Corp. v. Pearson

Sixth Circuit

Ocean Accident & Guarantee Corp. v. Pearson

37 F.2d 896, 1930 U.S. App. LEXIS 2669

CourtCourt of Appeals for the Sixth Circuit

DecidedFebruary 5, 1930

DocketNo. 5379

StatusPublished

Cited by6 cases

This text of 37 F.2d 896 (Ocean Accident & Guarantee Corp. v. Pearson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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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Ocean Accident & Guarantee Corp. v. Pearson, 37 F.2d 896, 1930 U.S. App. LEXIS 2669 (6th Cir. 1930).

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Opinion

PER CURIAM.

This case was tried before the court, a jury being waived in writing. Thera were no requests to find any specific facts, and so, of course, no exceptions for failure to find specific facts. There was a general opinion discussing the facts ■and the law, and directing judgment against defendant.

Appellant’s complaint is that as to certain parts' of the judgment there was no evidence in support, and that as to other parts or the whole the evidence conclusively established affirmative defenses. No one of these matters was presented to the court as matter of law and ruling asked upon it, before the judgment was entered in “the progress of the trial.” Fleischmann v. U. S., 270 U. S. 349, 356, 46 S. Ct. 284, 287, 70 L. Ed. 624; Oyler v. Cleveland Co. (C. C. A. 6) 16 F.(2d) 455. A general opinion is not a special finding of facts or law. Fleischmann Case, at page 355 of 270 U. S., 46 S. Ct. 284, 70 L. Ed. 624. There is no basis for review.

The judgment is affirmed.

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PER CURIAM.

This case was tried before the court, a jury being waived in writing. Thera were no requests to find any specific facts, and so, of course, no exceptions for failure to find specific facts. There was a general opinion discussing the facts ■and the law, and directing judgment against defendant.

Appellant’s complaint is that as to certain parts' of the judgment there was no evidence in support, and that as to other parts or the whole the evidence conclusively established affirmative defenses. No one of these matters was presented to the court as matter of law and ruling asked upon it, before the judgment was entered in “the progress of the trial.” Fleischmann v. U. S., 270 U. S. 349, 356, 46 S. Ct. 284, 287, 70 L. Ed. 624; Oyler v. Cleveland Co. (C. C. A. 6) 16 F.(2d) 455. A general opinion is not a special finding of facts or law. Fleischmann Case, at page 355 of 270 U. S., 46 S. Ct. 284, 70 L. Ed. 624. There is no basis for review.

The judgment is affirmed.

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37 F.2d 896, 1930 U.S. App. LEXIS 2669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocean-accident-guarantee-corp-v-pearson-ca6-1930.

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