The German American National Bank v. Thomson

• Decision Date: 12 December 1896
• Docket Number: 114
• Parties: THE GERMAN AMERICAN NATIONAL BANK v. FRANK THOMSON, Receiver
• Court: Kansas Court of Appeals

47 P. 169

5 Kan.App. 192

THE GERMAN AMERICAN NATIONAL BANK v. FRANK THOMSON, Receiver

No. 114

Court of Appeals of Kansas, Northern Department, Central Division

December 12, 1896

December 12, 1896,

Error from Marshall District Court. Hon. R. B. Spilman, Judge. Affirmed.

Judgment affirmed.

W. S. Glass, and Theo. H. Polock, for plaintiff in error.

J. A. Broughten, for defendant in error.

OPINION

GILKESON, P. J.

The issues in this case are purely of fact, and having been passed upon by the court upon a full and fair hearing will not be disturbed.

"Where a case is tried by the court, and a general finding is made in favor of the defendants, and no special findings are requested or made, the general finding includes every material fact necessary to sustain a judgment based upon such finding; and where there is some evidence to support the general finding and judgment, they will not be disturbed." Kirwin v. National Bank, 2 Kan.App. 687, 43 P. 796; quoting Mushrush v. Zarker, 48 Kan. 382, 29 P. 681.