Lynn versus Risberg

Lynn versus Risberg. 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. 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. [MAJORITY — By the Court:] By the Court: —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.