City Bank & Trust Co. v. Ruthinian Greek Catholic Church of St. Michael, Inc.
| Citation | 129 A. 785,102 Conn. 609 |
| Parties | CITY BANK & TRUST CO. v. RUTHINIAN GREEK CATHOLIC CHURCH OF ST. MICHAEL, INC., ET AL. |
| Decision Date | 30 June 1925 |
| Court | Supreme Court of Connecticut |
Appeal from Superior Court, Hartford County; William M. Maltbie Judge.
Action by the City Bank & Trust Company as indorsee of a negotiable note, against the Ruthinian Greek Catholic Church of St Michael, Inc., the alleged maker and others. Judgment for plaintiff for $1,745.50, and defendant named appeals. No error.
The finding discloses that the note in suit was issued on February 20, 1917, to the order of one Roman Zalitach, the pastor of the defendant church, and by successive indorsements came into the hands of the plaintiff for value, that demand for payment was duly made and payment refused. The church in its pleadings claimed that the note in question was not the note of the church. The court found that it was a note which the church was obligated to pay.
John W. Joy, of Hartford, for appellant.
Stewart N. Dunning, of Hartford, for appellee.
The defendant filed, in the trial court, a motion to correct the finding containing ten paragraphs. The court granted this motion in part and in part denied it. In its appeal, the defendant assigns as error the failure of the court to make all the corrections sought, and certain of the evidence was certified up.
There was evidence from which all facts could have been found directly or by inference, and therefore the motion to correct was properly denied. McCarthy v. Consolidated Ry. Co., 79 Conn. 78, 63 A 725.
The defendant in its appeal sets forth twelve assignments of error, each in the following form:
" The court erred in overruling the defendants' claim of law that, under the facts in evidence, there was no ratification of said action of said trustees by the congregation of the church."
Strictly, this assignment does not present a reviewable question of law, since it is based " upon facts in evidence." If the assignment of error was designed to attack some paragraph of the finding as a conclusion not supported by the subordinate facts, it fails to state such design with sufficient clearness to enable us to consider it. Moreover, an attack upon a conclusion, whether stated in...
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Brockett v. Jensen
...be tested by the finding and not by the evidence. Davis v. Margolis, 107 Conn. 417, 422, 140 A. 823; City Bank & Trust Co. v. Ruthinian Greek Catholic Church, 102 Conn. 609, 611, 129 A. 785'. Klahr v. Kostopoulos, 138 Conn. 653, 655, 88 A.2d 332, The court found the following facts pertaini......
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Fitch v. State
...and reasonable. The quoted finding was based upon an inference or a deduction from other facts. City Bank & Trust Co. v. Ruthinian Greek Catholic Church, 102 Conn. 609, 610, 129 A. 785; Maltbie, Conn.App.Proc., pp. 110, 123. The question is not whether this court would draw the same inferen......
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State v. Malena
...§ 53-226 'without evidence.' Strictly, such assignments do not present a reviewable question of law. City Bank & Trust Co. v. Ruthinian Greek Catholic Church, 102 Conn. 609, 610, 129 A. 785. We assume that the attack is made on the ground that the conclusions are not supported by the subord......
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Fiala v. Conn. Elec. Serv. Co.
...enough if the circumstances fairly warrant the inference or conclusion stated." City Bank & Trust Co. v. Ruthinian Greek Catholic Church, 102 Conn. 609, 610, 129 A. 785. Nor are we able to discover any claimed undisputed or admitted fact of importance to the decision, which has been omitted......