Henneigh v. Kramer
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an amicable action of account render between George Kramer, plaintiff, and David Henneigh, defendant. The facts of the ease were as follows:— Henneigh and Kramer were partners in buying, running, and selling lumber. While thus engaged they had. mutual dealings, the result of which they desired to ascertain.
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Error to the Common Pleas of Jefferson county. This was an amicable action of account render between George Kramer, plaintiff, and David Henneigh, defendant. The facts of the ease were as follows:— Henneigh and Kramer were partners in buying, running, and selling lumber. While thus engaged they had. mutual dealings, the result of which they desired to ascertain. They therefore entered into the following agreement; which was duly filed of record:— “ And now, to wit, July 24th, A. D. 1860, We, David Henneigh and George Kramer, agree that the above-stated case be entered in the Common Pleas of…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
If this were a case to be treated solely as a submission, award, and affidavit filed under the provisions of the 1st and 2d sections of the Act of 16th June 1836, the argument would be conclusive, that unless the authority of the arbitrators who made the award appeared affirmatively upon the face of the submission, no judgment could be regularly entered. But this was an amicable action in account render, and a reference entered in the court and filed on the 17th of August 1860. The actual reference took place afterwards, and the award was not…
2Cases cited3 opinions
- Browning v. McManusSupreme Court of Pennsylvania · 1836
- Mitchell v. WilhelmSupreme Court of Pennsylvania · 1837
- Brooke v. BannonSupreme Court of Pennsylvania · 1842
3Cited by2 opinions
- Rosenbaum v. DruckerSupreme Court of Pennsylvania · 1943
- Martin's EstatePennsylvania Orphans' Court, Sullivan County · 1933