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· 7/14/1920

Penn Cigar Co. v. Friedberg

Citations

  • 74 Pa. Super. 554
  • 1920 Pa. Super. LEXIS 197

Syllabus

<p>Equity — Findings of fact — Appeals.</p> <p>Findings of fact by an auditor or master based on sufficient evidence and approved by tbe court below, have tbe effect of tbe verdict of jury and will not be set aside, except for manifest error. Tbe only duty of tbe appellate court is to examine tbe testimony to see whether there was sufficient evidence in the case to support the findings, and where there is such evidence, tbe decree will not be disturbed.</p> <p>Findings of fact by an auditor surcharging a defendant, who had been required to. account to a corporation for money and property of the corporation unlawfully retained by him, and which are confirmed by tbe court below, will not be disturbed on appeal where there is evidence to support such findings.</p>

Judges: Head, Henderson, Keller, Linn, Porter, Trexler

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