Tillinghast v. Brown University

Supreme Court of Rhode Island

Tillinghast v. Brown University

55 A. 758, 25 R.I. 284, 1903 R.I. LEXIS 74

DecidedJune 27, 1903

StatusPublished

This text of 55 A. 758 (Tillinghast v. Brown University) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tillinghast v. Brown University, 55 A. 758, 25 R.I. 284, 1903 R.I. LEXIS 74 (R.I. 1903).

Pincite

Opinions

The court is of the opinion that the construction which Mr. Justice Douglas put upon the release given by the appellees to the appellants, who are the surviving executors of the will of John Wilson Smith — which release is set out in the record — is the natural and proper construction to be put thereon, and hence that the decision of Mr. Justice Douglas was right.

The release was evidently intended to be a full discharge of the appellants from all liability until the estate of Cranston should be settled and the loss from that estate ascertained. And as that estate is not yet settled, the loss "that may come" therefrom cannot now be determined. The proceeding before us, therefore, is premature, as held by Mr. Justice Douglas, and we adopt his decision as the opinion of the court.

Petition for new trial denied.

DECISION.

Free access — add to your briefcase to read the full text and ask questions with AI

The court is of the opinion that the construction which Mr. Justice Douglas put upon the release given by the appellees to the appellants, who are the surviving executors of the will of John Wilson Smith — which release is set out in the record — is the natural and proper construction to be put thereon, and hence that the decision of Mr. Justice Douglas was right.

The release was evidently intended to be a full discharge of the appellants from all liability until the estate of Cranston should be settled and the loss from that estate ascertained. And as that estate is not yet settled, the loss "that may come" therefrom cannot now be determined. The proceeding before us, therefore, is premature, as held by Mr. Justice Douglas, and we adopt his decision as the opinion of the court.

Petition for new trial denied.

DECISION.

Cite This Page — Counsel Stack

Bluebook (online)

55 A. 758, 25 R.I. 284, 1903 R.I. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tillinghast-v-brown-university-ri-1903.