Miller v. Ambassador Park Syndicate

From a judgment rendered against it and others, in favor of plaintiff, the defendant Ambassador Park Syndicate and certain individual defendants appeal to this court.

As far as concerns the complaint in the action, it is based upon a non-negotiable promissory note which was executed by the defendant syndicate in favor of plaintiff’s assignor, but the facts upon which the several defenses to the action are founded are numerous and somwhat complicated. As each of the several specifications of error herein receives consideration by this court, wherever deemed necessary or advisable, the pertinent facts applicable thereto will be briefly set forth.

It is first urged by appellants that because in its findings of fact the trial court declared that each of three designated individuals was a trustee of the defendant syndicate, when, as adduced by the evidence, neither of such named persons was in fact a trustee thereof,—the judgment should be reversed. It is a familiar rule applicable particularly to the legal propriety of granting a new trial, or to the reversal of a judgment, that not only must error be shown to have been committed, but as well that in some substantial manner…