Opinion
No. 5295.
October 16, 1944.
Appeal from the District Court of the United States for the Eastern District of Virginia, at Richmond; Robert N. Pollard, Judge.
Action between Rachel L. Eichelberger and William C. Trueheart, involving the right to proceeds of insurance policy as between plaintiff beneficiary and defendant assignee. From a judgment for plaintiff, 59 F. Supp. 852, defendant appeals.
Affirmed.
William Earle White, of Petersburg, Va., and Irvin G. Craig, of Richmond, Va., for appellant.
William Old, of Chester, Va. (J. Thompson Wyatt, of Petersburg, Va., on the brief), for appellee.
Before PARKER, SOPER, and NORTHCOTT, Circuit Judges.
The question involved in this case is a pure question of fact and a careful consideration of the testimony convinces us that the able District Judge, who had the advantage of seeing and hearing all of the witnesses except the appellee, reached the correct conclusion. We would certainly not be justified in setting it aside as clearly erroneous. Rule 52, R.C.P., 28 U.S.C.A. following section 723c.
Affirmed.