Whittemore v. Whittemore
Superior Court of New Hampshire
If an agreement be made by bond to submit all demands to arbitration, and only-part of those existing between the parties are laid before the referees, an action lies for a breach of the agreement But the award on such demands as were actually laid before them is binding, and in a subsequent action at law for those not laid before them, the award is rtót a conclusive bar to a recovery. This was assumpsit on an account annexed.
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If an agreement be made by bond to submit all demands to arbitration, and only-part of those existing between the parties are laid before the referees, an action lies for a breach of the agreement But the award on such demands as were actually laid before them is binding, and in a subsequent action at law for those not laid before them, the award is rtót a conclusive bar to a recovery. This was assumpsit on an account annexed. The defendant pleaded, first, the general issue, and, secondly, in bar, for that the parties, after the date of the charges in the account annexed, agreed, by bond, to…
1Opinion of the CourtWoodbury, J.
In the consideration of this case, it is to be kept in constant remembrance, that the submission was *27not a judicial proceeding, by a rule of court, or by an agreement signed and acknowledged before a magistrate; but by a private contract between the parties. The submission, also, -was not special, bat of all demands, generally.
The first material question concerns the validity of the award. It has been held, that where a submission enumerates the specific subjects referred, and enjoins, that the arbitrators act upon the, premises, and some of the subjects are not acted on, the award is bad.…
2Cases cited4 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Davy's Executors v. FawSupreme Court of the United States · 1812
- Allen v. WatsonNew York Supreme Court · 1819
3Cited by3 opinions
- Tiberghein v. B.R. Jones Roofing Co.Supreme Court of New Hampshire · 2004
- Elliott v. QuimbySuperior Court of New Hampshire · 1842
- Pritchard v. AtkinsonSuperior Court of New Hampshire · 1827