Kingston v. Kincaid
U.S. Circuit Court for the District of Pennsylvania
This cause came on upon exceptions to a report, made under a rule of court, referring the cause to three referees, or any two of them.
Read the full summary
This cause came on upon exceptions to a report, made under a rule of court, referring the cause to three referees, or any two of them. The report found 10,000 dollars due to the plaintiff, reserving to the court, the question as to provisions delivered, or payments made to Henry Kingston; and, if allowed by the court, then to be deducted from the sum awarded; as also a bill of exchange for £200, drawn by H. Kingston, and endorsed by the plaintiff, which is to be deducted, with damages and interest, on the bill being delivered up to the plaintiff. The exceptions went, some of them, to the…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The objections made to the form of this report are, that it is neither certain nor final. The rule, as to awards in general, and which applies with equal reason, to reports under the act of assembly of this state, is, that they should be so plainly expressed, that, by a fair construction of the whole instrument, or by reference to something dehors the award, the party may, by averment, cure an objection, which might otherwise be fatal. As. if the award be, that one of the parties should pay his proportion of the loss, which should happen to the ship during the…
2Cited by3 opinions
- Colombia v. Cauca Co.Supreme Court of the United States · 1903
- Reynolds v. ReynoldsSupreme Court of Alabama · 1849
- Carpenter v. WoodMassachusetts Supreme Judicial Court · 1840