Colcord v. Fletcher
Supreme Judicial Court of Maine
Assumpsit on an award, with counts for the original causes of action. The plaintiff and defendant were part owners of the barque Spirit of the Sea.
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Assumpsit on an award, with counts for the original causes of action. The plaintiff and defendant were part owners of the barque Spirit of the Sea. It was in evidence that the defendant had obtained policies of insurance on five-eighths of said barque in three companies, and had received and collected money from each for losses, amounting to $8871,86;• that the plaintiff claimed to recover of the defendant the amount received by him for insurance of one-sixteenth; and that they had mutually referred this claim to Ira Blanchard and Henry McGllvery, who heard the parties, and made a written…
1Opinion of the Court
The opinion of the Court was drawn up by
Kent, J.
The first question in this case, is, what was referred under the submission ? It is contended by the plaintiff that the only matter submitted was the validity of his claim, and not the amount. We cannot concur in this view. It is apparent that the parties intended to refer for final determination and adjustment a claim, which plaintiff made against the defendant for money which he had received for *401insurance, and not merely the abstract question, whether there was any indebtedness, leaving the amount to be otherwise determined. When " a claim ”…
2Cases cited2 opinions
- Waite v. BarryNew York Supreme Court · 1834
- Schuyler v. Van Der VeerNew York Supreme Court · 1804
3Cited by2 opinions
- Rhodes v. HardyMississippi Supreme Court · 1876
- Garrow v. NicolaiOregon Supreme Court · 1893