Opinion
January 15, 1958.
March 17, 1958.
Appeals — Review — Trial court — Fact findings — Weight.
Fact findings of a trial judge which are adequately supported by the evidence and are confirmed by the court en banc have the weight of a jury's verdict.
Argued January 15, 1958. Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, JONES and COHEN, JJ.
Appeal, No. 358, Jan. T., 1957, from judgment of Court of Common Pleas No. 1 of Philadelphia County, March T., 1954, No. 973, in case of Girard Trust Corn Exchange Bank et al., Executors v. Harry J. Alker, Jr. Judgment affirmed; reargument refused April 15, 1958.
Assumpsit. Before MacNEILLE, P. J., without a jury.
Adjudication entered finding for plaintiffs; defendant's exceptions to findings and petition for new trial dismissed, and judgment entered for plaintiffs. Defendant appealed.
Frank F. Truscott, with him John J. Gilbride, Jr., Isidore Baylson, William B. Allen and George Chimples, for appellant. Edwin Booth, with him William F. Scheufele, for appellees.
This appeal grows out of an action in assumpsit which resulted in the entry of a judgment in favor of the plaintiff and against the defendant in the sum of $143,876.62, which is the subject of this appeal. The case was tried to the court below without a jury. The findings of the trial judge are adequately supported by the evidence and, upon exceptions thereto by the defendant, were confirmed by the court en banc. They, therefore, have the weight of a jury's verdict and the conclusions of law made by the court correctly flowed from the findings so established. Our examination of the record has failed to disclose the slightest merit in any of the appellant's assignments of error.
Judgment affirmed.