Ingram and Ingram Corporation, Defendants.universal Marine Insurance Company, Ltd., Appellant, v. Toomey Associates, Ltd., Barrytoomey and Cherokee Insurance Company, Ltd., Appellees, v. Beacon Insurance Company, Neil Portermain, New Orleansreinsurers, Inc., Robert Shirmer, B.f.g. Universal Marine Insurance Company, Ltd., Appellant, v. Taggares Company and Simtagfarms, Defendants-appellants Cross Appellees Date: JCitation: 768 F.2d 22 Simplot Co., Simplot Industries, Inc.,p.j. Reardon, Inc., Alex Sinclair, Sinclair &company, Stephen Sundheimer, Charles Edelstein, James Landrya/k/a Jim Landry and Jerry Rafferty, Jointly and Severally, Defendants,john R. Pollak & Company, Inc., Robert Reardon A/k/a Bobbyreardon, F.j. Glenn, Gearheart Farming, Inc., Edmckay, Harvey Pollak, Henry Pollak, Henry Pollak, Inc.,henry A. Otter, Simtag Farms, Kenneth Ramm, a & Bfarms, Inc., Hugh D. Simplot Company,simplot Industries, Inc., Simplot Products Company, Inc.,peter J. of St.louis, Inc., Heinold Commodities, Inc., Thomson Andmckinnon, Auchincloss, Kohlmeyer, Inc., Ben Pressner,pressner Trading Corp., John Richard Simplot A/k/a Jackrichard Simplot, A/k/a J.r. New York Mercantile Exchange, Clayton Brokerage Co. The judgment is affirmed.Joseph Strobl, Plaintiff-appellee Cross-appellant, v. The rulings complained of in the admission and exclusion of testimony we have examined, only to find the assignments relating thereto to be entirely without merit.
#768 civilization v trial#
Manifestly the court did not err after he had indicated what his decision would be on the facts in refusing plaintiff permission to withdraw his announcement and file additional pleadings, and it is equally clear that the court did not err in refusing a new trial on account of newly discovered evidence.
#768 civilization v professional#
But the authorities cited by appellant seem to us to be sound in holding that the sale of the good will of a professional man carries with it the obligation that he will abstain from practice in future in the territory from which he thus binds himself to withdraw. In the conclusions of law the court employed some language which seems to indicate that the view was entertained that nothing short of an express agreement on the part of the appellee not to again resume the practice, would be a bar to his doing so. He was not, therefore, precluded from returning to Bowie and resuming his practice, the good will not having been sold, and no agreement having been entered into that he would not return, although it was contemplated by both parties at the time the trade was made that he would not do so. This he did and moved away from Bowie, where both had up to this time been engaged in the practice of medicine. Yeakley his good will, but only agreed to sell his residence, his patronage of certain corporations, and to introduce Dr. The court's findings of fact, though not so explicit as they might be, admit of the construction, we think, that Dr. But in view of more recent rulings of the Supreme Court on this subject, we have concluded not to place our decision alone upon the insufficiency of the assignment. 1013), which declares that an error so assigned shall be considered as waived, to say nothing of the decisions above referred to in which similar assignments were held to be bad. It is difficult to see how it could have been made more general, and it is also difficult to see how we are to consider it without disregarding not only Rule 31, but the statute itself (Rev. The first assignment submitted in the brief reads: "Because the court erred in rendering judgment for defendant and in not rendering judgment for the plaintiff as prayed for, on the findings of fact found by the court and filed herein." This assignment is objected to for being too general, in support of which the following cases are cited: Tudor v. The case is sufficiently stated in the court's findings of fact, which we adopt.
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