Dennis against William Barber and Co.

[Philadelphia, Saturday, July 18, 1812.] *Dennis against William Barber and Co. Report of referees in part confirmed, and as to the residue held under advisement to give the plaintiff an opportunity of producing further evidence. Among other exceptions to a report of referees awarding 12,670 dollars 39 cents to the plaintiff in this cause, was one which stated that the referees had committed a manifest error, in allowing damages to a large amount against the defendants on account of their non-payment of certain bills of exchange, drawn on them by the plaintiff, although there was no evidence either that the defendants were in funds for the payment of the said bills, or that the plaintiff had paid damages on them to the persons to whom they were passed. The sum amounted to 3539 dollars 31 cents. Upon the examination of the referees, they stated in relation to this point, that they were perfectly satisfied of the plaintiff’s authority to draw; and this being the principal dispute, they had not attended to the proof of the bills being negotiated by the plaintiff, and his having paid the twenty per cent, damages upon their return. They rather thought this had been yielded by the defendants. The bills it was said were in Jamaica with an agent of the plaintiff, who had negotiated and paid them there. J. JR. Ingersoll for the plaintiff. Levy for the defendants. [MAJORITY — Per Curiam.] Per Curiam. The other exceptions to the award not being made out, the award must be confirmed in all respects, except as to the damages upon the bills of exchange, in the fourth exception; and as to that exception, the Court will hold the case under advisement, in order to give the plaintiff an opportunity of producing the bills, or showing what has become of them, and whether he has been subject to damages on account of them.