Open main menu

Page:United States Reports, Volume 2.djvu/186

This page needs to be proofread.


` s8• Casts ruled and adjudged in the uga- tif refilling in Nero-I`erl». Jfsylnn, objected, that themotlon tra`) came too late, after the caufe had been marked for trial. But, Br. rn: Counr :-lt is never too late to grant the rule, when it will not delay the trial. Rule granted. Lum vrrfu Rrsnue. N award wasmade that *• an order for L` 5 56, lhould be _ given on (not mentioning the name) in vrhofe zands, itisfaid, that fumwasdepolited by certain defendants in a former aélion, for the ufe of the plaintilfl Rylvrg, the bail of_ thofe defendants, undertook in wiiting, to give an order for the money, tobe received in Ne·n··Pi-widmu; not mentioning by whom. This aftion was brought for not giving that order, and one Bunch was {lated in the declaration, to be the perfon on whom the order was to be drawn ; and the plaintiff now offer- edparol proof to fbew that be was the perfon inrended by the referees. This was obje&ed to ; and Gilb. For. Rm. and Bun. 6 5. were read, to lhew that a blank in a charter··party could not be fuppliod. Br rms Court :—The award may be fupplied where it can be rendered certain. So was the cafe of Grier and Grief. r Dull. Rzp. 173. Here are words of reference ; and we think it _ may in this cafe alfo be fuppliod by parol proof. Woon wofur Rosen. HIS was a Scieri Hu-ia: againfl the defendant, as garnifhee T of twenty-one hogfheads of flax-feed, the property of V junior Ellie!. The defence was, that the defendant being a captain of a {hip, had received the Ha:-feed, and ligned a bill of lading, engaging to deliver the flax-feed to a conlignce in l·.`u- vqxe. '1`o prove this Msylmn offered a bill of lading not figncd, but annexed to an aflidavit by Roarb, fetting forth that it was a copy of one figned, and delivered to the confignee, before the at- tachment was laid. The evidence was objcfled to : And by M'K£a:i, Cbij Z3/lie: :—'Ihis is not the bell evidence 5 and, therefore, it cannot admitted. Blubromz, _‘]q/li¢¢:—'l.`l1e paper offered in evidence is not a bill of lading ; but it is offered as a copy, and to prove that ahill ofrlading, of the- Lune tenor and date, was executed. lf the Enflrumcntitfelf were produced, proof of the ligmture wculdl be j·ruJ!|