King v. Savory
Massachusetts Supreme Judicial Court
This was an action of assumpsit to recover for the board of three of the defendant’s workmen. The defence relied on was, that subsequent to the time when the board was furnished, there was a submission of all demands between the plaintiff and defendant to arbitrators, and an award in favor of the defendant, upon which judgment was rendered for a balance of $17.37, and costs.
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This was an action of assumpsit to recover for the board of three of the defendant’s workmen. The defence relied on was, that subsequent to the time when the board was furnished, there was a submission of all demands between the plaintiff and defendant to arbitrators, and an award in favor of the defendant, upon which judgment was rendered for a balance of $17.37, and costs. At the trial, which was in the court of common pleas, before Hoar, J., it was in evidence, that at the time of the submission, the plaintiff had commenced and was prosecuting actions for the amount claimed in this suit…
1Opinion of the CourtDewey, J.
The defendant sets up in defence of this action a submission heretofore entered into between the parties, “ of all demands” between them to certain arbitrators, and an award in favor of the defendant by the arbitrators, upon which judgment was rendered. To this the plaintiff replies that this demand was not presented to the arbitrators by either party, and was not in any way acted upon by them.
The question is therefore upon the effect of this submission and award. Does it bar all causes of action, and all legal claims for payment of money by each of these parties against the other,…
2Cases cited5 opinions
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Wheeler v. Van HoutenNew York Supreme Court · 1815
- Hodges v. HodgesMassachusetts Supreme Judicial Court · 1812
- Inhabitants of Boston v. BrazerMassachusetts Supreme Judicial Court · 1814
- Buck v. BuckSupreme Court of Vermont · 1830