Potter v. Sterrett
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Mifflin county. John Sterrett and James Potter were engaged for a number of years as partners in mercantile business, prior to 1849, and failed.
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ERROR to the Common Pleas of Mifflin county. John Sterrett and James Potter were engaged for a number of years as partners in mercantile business, prior to 1849, and failed. In order to a settlement of their accounts, on the 17th September, 1849, they entered into an agreement, under seal, to submit their accounts to three persons named, who were to examine the same, and report the amount due from the one to the other ; upon which report judgment was to be entered by the prothonotary'of Mifflin county. The referees were to meet on thirty days’ notice — the report to be final and conclusive.…
1Opinion of the Court
The opinion of the Court was delivered, August 14, 1855, by
Lewis, C.' J.
In this. case, the parties agreed to refer their controversy -to three gentlemen on rvhose report the prothonotary was authorized to enter a judgment. It was agreed that “ if either of the referees aforesaid do not attend- at the time and place appointed, another or others are to be chosen.” One of the referees • having died, the other two met upwards of a year after the date of the submission, and at the request of one of the parties, in the absence of the other, selected a referee in the place of the one deceased, and…
2Cited by4 opinions
- Backus-Brooks Co. v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1927
- Johnson v. CrawfordSupreme Court of Pennsylvania · 1905
- Huggins v. NeillSuperior Court of Pennsylvania · 1896
- King v. BealeSupreme Court of Virginia · 1957