Lynn v. Risberg

Decided January 1, 1792

Supreme Court of the United States · decided 1792

AN award was made that " an order for £550, should be given on (not mentioning the name) in whose hands, it is said, that sum was deposited by certain defendants in a former action, for the use of the plaintiff. Risberg, the bail of those defendants, undertook in writing, to give an order for the money, to be received in New-Providence ; not mentioning by whom.

Good law ✅— No negative treatment on recordhow we know

Decided 1792

How this case has been cited

Cited by 3 later decisions (1 by the Supreme Court) — most recently August 1956

1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1AN award was made that " an order for £550, should be given on (not mentioning the name) in whose hands, it is said, that sum was deposited by certain defendants in a former action, for the use of the plaintiff. Risberg, the bail of those defendants, undertook in writing, to give an order for the money, to be received in New-Providence ; not mentioning by whom. This action was brought for not giving that order, and one Bunch was stated in the declaration, to be the person on whom the order was to be drawn ; and the plaintiff now offered parol proof to shew that he was the person intended by the referees. This was objected to; and Gilb. For. Rom. and Bun. 65. were read, to shew that a blank in a charter-party could not be supplied.

¶2By the Court:

¶3—The award may be supplied where it can be rendered certain. So was the case of Grier and Grier. 1 Dall. Rep. 173. Here are words of reference; and we think it may in this case also be supplied by parol proof.