103 F. 260 | 1st Cir. | 1900
In this case a jury trial was waived, and the court below made a general finding for the defendant. 98 F. 161. Where a case is tried by the court without a jury, the bill of exceptions brings up nothing for revision, except what it would have done had there been a jury trial. Where the finding is general, the parties are concluded by the determination of the court, except in cases where exceptions are taken to the rulings of the court in the progress of the trial. The rulings of the court in the progress of the trial do not include the general finding of the court, nor the conclusions of the court embodied in such general finding. These propositions are laid down in Insurance Co. v. Folsom, 18 Wall. 237, 248, 250, 253, 254, 21 L. Ed. 827, and Cooper v. Omohundro, 19 Wall. 65, 69, 22 L. Ed. 47. The construction given by the supreme court to the statute relating to jury trial waived cases (Rev. St. §§ 649, 700) confines the questions open for review on this particular writ of error to the exceptions taken in the court below to the admission of certain evidence.
This suit was brought to recover on a policy of fire insurance issued by the defendant upon mill property owned by the plaintiffs. The case turned on the question of cancellation. It appeared that one Tilling-hast, an insurance broker, was authorized by the plaintiffs to procure |40,000 additional insurance on their mill property, and that he placed this insurance in several companies, — the defendant being one, —and sent the policies to the plaintiffs. Within a few days thereafter Tillinghast was notified by the agent of the companies fiat they did not care to longer continue the risk, and a return of the policies was requested. Thereupon he communicated this to the plaintiffs by letter, and proceded to replace the insurance in other companies. The ma
Assuming that the plaintiffs’ requests for certain rulings at the close of the testimony were refused, and that exceptions were duly taken to such refusal, these exceptions cannot be considered by this court, bfeeause they seek to review certain conclusions of the'court below which were necessarily embodied in the general finding by that court. Cooper v. Omohundro, 19 Wall. 65, 69, 22 L. Ed. 47. Judgment affirmed, with costs of this court for the defendant in error.