United States Fidelity & Guaranty Co. v. Wellford
United States Fidelity & Guaranty Co. v. Wellford
Opinion of the Court
This is an appeal from a judgment of the District Court which fixed liability on the basis of the report of its auditor establishing the amount of shortage existing on the final accounting of two related trusts.
This is the second time these cases have been before this court. In cases No. 8554 and No. 8555, decided March 13, 1944,
When the previous appeals in this cause were heard all of the substantive and equitable arguments that are now urged by appellants were then placed before this court and, we think, determined adversely to them. The basic considerations urged at this time were, we think, correctly disposed of on the earlier hearing.
Affirmed.
Morey v. Wellford, 78 U.S.App.D.C. 387, 141 F.2d 282.
It is also to be noted that at the root of this litigation is a District Court confirmation, on July 2, 1942, of an auditor’s report from which no appeal was taken. On the earlier appeal wo said that this order was “binding as res judi-cata”, and correct as to the amount of liability “if, but only if, the auditor’s report which the order of July 2 confirmed shows that the former receiver owed that amount to the receivership.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.