U.S. Court of Appeals for the Fourth Circuit, 1926

Finance & Guaranty Co. v. Oppenhimer

Finance & Guaranty Co. v. Oppenhimer
U.S. Court of Appeals for the Fourth Circuit · Decided October 30, 1926
15 F.2d 1011; 1926 U.S. App. LEXIS 3084 (Federal Reporter, Second Series)

Finance & Guaranty Co. v. Oppenhimer

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.