Buck v. Buck
Supreme Court of Vermont
This was an action of assumpsit on an award of arbitrators, made in pursuance of a parol submission by the plaintiff and defendant of all difficulties, demands, and claims ; which award was made and published by the arbitrators on the 8th day of February, 1827. Plea, non assumpsit, and also a plea in offset for money paid, laid out and expended by the defendant for the plaintiff, on the first day of January, 1826. JYon assumpsit was pleaded to the plea in offset; and trial…
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This was an action of assumpsit on an award of arbitrators, made in pursuance of a parol submission by the plaintiff and defendant of all difficulties, demands, and claims ; which award was made and published by the arbitrators on the 8th day of February, 1827. Plea, non assumpsit, and also a plea in offset for money paid, laid out and expended by the defendant for the plaintiff, on the first day of January, 1826. JYon assumpsit was pleaded to the plea in offset; and trial by Jury. On the trial the defendant offered evidence tending to prove, in support of his plea in offset. that, prior to…
1Opinion of the Court
The opinion of the Court was pronounced by
Hutchinson, J.
There is no dispute, in the present case, but that the parole submission between the parties was broad enough to have admitted these matters now in controversy, had they been presented. And the defendant offered to prove to the jury, that these matters were not laid before the arbitrators, nor by them adjudicated. This testimony was excluded, which rendered the plea in offset unavailing. The question, now to be decided, is, whether a demand thus situated is barred by the award.
*420Both parties produce authorities in point, and suited to the…
2Cited by6 opinions
- Robinson v. MorseSupreme Court of Vermont · 1854
- Briggs v. BrewsterSupreme Court of Vermont · 1850
- of Lee v. Administratrix of DolanNew Jersey Court of Chancery · 1884
- Elliott v. QuimbySuperior Court of New Hampshire · 1842
- King v. SavoryMassachusetts Supreme Judicial Court · 1851
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