Henrickson v. Reinback
Illinois Supreme Court
Writ of Error to the Circuit Court of Morgan county; Hon. David M. Woodson, Judge, presiding. This was an action of debt instituted by the plaintiff in error to recover for the failure to comply with the award of arbitrators. , • The declaration alleges that in the year 1858 the plaintiff and defendant were doing business as partners under the firm of Henrickson & Reinback, and also doing business under the firm name of Eeinback & Van Winkle, and having various matters of…
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Writ of Error to the Circuit Court of Morgan county; Hon. David M. Woodson, Judge, presiding. This was an action of debt instituted by the plaintiff in error to recover for the failure to comply with the award of arbitrators. , • The declaration alleges that in the year 1858 the plaintiff and defendant were doing business as partners under the firm of Henrickson & Reinback, and also doing business under the firm name of Eeinback & Van Winkle, and having various matters of dispute respecting their accounts with the said firms and their interest therein, submitted the disputes to arbitration,…
1Opinion of the CourtJustice Breese
It is, we believe, a principle generally admitted, that an award, being the judgment of a tribunal of the parties’ own choosing, should be liberally construed to sustain it, if it does not lack two essential properties, namely, certainty and finality. This certainty is judged of only according to a common intent, consistent with fair and reasonable presumption. Purdy v. Delavan, 1 Caines (N. Y.), 304.
It is also held that courts will not suffer an award to be disturbed which is so far certain as from the nature of the subject of it could be reasonably expected; and when the directions of the…
2Cases cited1 opinion
- Farr v. JohnsonIllinois Supreme Court · 1861
3Cited by3 opinions
- Seaton v. KendallIllinois Supreme Court · 1898
- Tucker v. PageIllinois Supreme Court · 1873
- Knapp, Stout & Co. v. RossIllinois Supreme Court · 1899