Carpenter v. Wood
Massachusetts Supreme Judicial Court
Covenant Broken. The alleged breach of covenant was, that the defendant had neglected and refused to perform an award of arbitrators. The defence was, that no valid award had been made. At the trial, the presiding judge, after all the evidence was introduced, proposed to reserve the question, whether the award was valid, for the consideration of the whole court. A nonsuit was thereupon entered, which was to be confirmed or set aside, as that question should be decided.
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Covenant Broken. The alleged breach of covenant was, that the defendant had neglected and refused to perform an award of arbitrators. The defence was, that no valid award had been made. At the trial, the presiding judge, after all the evidence was introduced, proposed to reserve the question, whether the award was valid, for the consideration of the whole court. A nonsuit was thereupon entered, which was to be confirmed or set aside, as that question should be decided. The instrument of submission was under seal, dated May 26th, 1838; and the terms thereof and the proceedings of the…
1Opinion of the CourtPutnam, J.
This is an action to recover for the amount of an award. The plaintiff having granted to the defendant a right to flow his land, and also to dig a trench through it, submitted, with the defendant, the amount which the defendant shoiild pay for the said grant, to Aaron A. Wallis, Samuel Balcom, and Amos Fairbanks, the award of whom, or the majority of whom, upon the subject matter of damages and costs, to *410be final and conclusive ; provided they should give reasonable notice to the respective parties of the time and place of meeting : And if either of the referees should decease, the remaining…
2Cases cited6 opinions
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Short v. PrattMassachusetts Supreme Judicial Court · 1810
- Kunckle v. KunckleSupreme Court of the United States · 1788
- M'Inroy v. BenedictNew York Supreme Court · 1814
- Walker v. MelcherMassachusetts Supreme Judicial Court · 1817
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Arbitration between American Eagle Fire Insurance & New Jersey InsuranceNew York Court of Appeals · 1925
- Matter of A.E. Fire Ins. Co. v. N.J. Ins. Co.New York Court of Appeals · 1925
- Amalgamated Ass'n of Street Electric Railway v. Connecticut Co.Supreme Court of Connecticut · 1955
- Amalgamated Ass'n of Street Electric Railway v. Connecticut Co.Supreme Court of Connecticut · 1955