Reynolds v. Creveling
Supreme Court of Pennsylvania
Appeal, No. 32, Jan. T., 1896, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1889, No. 33, reducing the amount of award of referee. Exceptions to report of referee. The suit was to recover $21,911.23 for coal sold defendants from March, 1883, to April, 1884, with interest, and $3,500, the amount of a promissory note of the Glendower Iron Works Company given in 1888, and indorsed by defendants.
Read the full summary
Appeal, No. 32, Jan. T., 1896, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1889, No. 33, reducing the amount of award of referee. Exceptions to report of referee. The suit was to recover $21,911.23 for coal sold defendants from March, 1883, to April, 1884, with interest, and $3,500, the amount of a promissory note of the Glendower Iron Works Company given in 1888, and indorsed by defendants. The case was referred to Mayer Sulzberger, Esq., as referee, under the act of June 16, 1836, P. L. 717, who awarded judgment against the defendants in the sum of $18,106.26. The…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
Plaintiff’s contention, that the court below erred in reducing the amount ascertained and awarded to him by the learned referee, appears to be well grounded.
The reference was under the provisions of the act of June 16, 1836, according to which the report of the referee is final and *269conclusive except as to clerical or manifest and. unquestionable mistake, so obvious as to be plain to the referee at once on being pointed out. It is of no consequence that another referee or the judge reviewing the award might have reached a different conclusion. The decision,…
2Cases cited1 opinion
- Gunn v. BowersSupreme Court of Pennsylvania · 1889
3Cited by1 opinion
- Klipstein v. WhitesidesSuperior Court of Pennsylvania · 1906