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John Pemberton, Liquidator of the Merchants' Insurance Company, Appellant, v. Edward Lockett, James G. Berret, and Henry D. Johnson U.S. 257 (1859)

handle is hein.slavery/ussccases0185 and id is 1 raw text is: DECEMBER TERM, 1858. Pemberto v. Loc-et ed a7. arose, as matter of law, upon the facts disclosed in the rec- ord, and it was the duty of the court to enforce it; and hence the excess over this increased duty, arisitng under the 17th sec- tion, constituted the just amount which the plaintiffs were en- titled to recover. Judgment of the court below affirmedc. JOHN PEMBERTO, LIQUIDATOR O THE MERCHANTS' INSURANCE CompxAy, APELLANT, V. EDWARD LOCKETT, JA- s G. BER- - RET, AND HENRY D. JOHNSON. An agreement between a'claimant and certain persons in Washington, whereby the claimant agreed to allow'th6se persons a proportion of what might be re- covered, was terminated 'when the -United States and Great Britain made a convention, providing for the appointment of a board of commissioners to decide upon claims, in which the one in question was included. The agreement looked only to the services in Washington of the persons employed; and the facts.of the case'indicate that such was the intention of the parties. Tnis was an: appeal from the Circuit Court of the 'United States for the District of Columbia. The facts 'are stated in the opinion of the court. The Circuit Court decreed that $14,230, (being the one-half of the sum of $28,460 iwarded,) less five per cent., together with interest thereon from the 20th of June, 1855, and costs, be paid by Pehibeiton to the complainants. From this decree, Pemberton appealed to this court. It was' argued by Mr. Brent and Mfr. Johnson, with whom was Mr. May, for the appellant, and b' Mr. Bradley for the appellees, on which side there was also a brief filed by Mr. Bradey and Mr..Hayes. There were many points raised by the counsel for the appel- lant; but as several of them were not touched upon in the decision of the cort;it is proper t6mention only such as were. The pAn.ipal points Nvhich were.included in the decision re- latqd to the facts of the case, and, were as follows: VOL. XXI 17

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