U.S. Court of Appeals for the Fifth Circuit, 1924

Whelchel v. Citizens' Bank of Moultrie

Whelchel v. Citizens' Bank of Moultrie
U.S. Court of Appeals for the Fifth Circuit · Decided October 21, 1924 · Bryan, King, Walker
1 F.2d 1023; 1924 U.S. App. LEXIS 1956 (Federal Reporter, Second Series)

Whelchel v. Citizens' Bank of Moultrie

Opinion of the Court

KING, Circuit Judge.

This is an appeal from the District Court of the United States of the Southern District of Georgia, reversing the referee and finding a debt of the Citizens’ Bank of Moultrie, appellee, should be increased by the sum of $1,573. There was evidence in the record which authorized the court to find that said debt was $1,573 in excess of the amount found by the referee. The question seems to be one solely of fact. The court might have well concluded from the evidence that a mistake had been made by the referee in excluding the note for $1,573, and that it was still due. The judgment of the court in increasing said debt by said amount is therefore affirmed.

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