McNear v. Bailey
Supreme Judicial Court of Maine
Debt on a bond from the defendant to the plaintiffs, dated Aug. 22, 1838. The condition was, that whereas the parties “ have submitted all their demands to the determination of (three referees named;) now if the said Bailey does well and truly perform on his part, according to the award and determination of the aforesaid referees, whose award is to be published without being returned to any Court of Common Pleas, then, &c.”
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Debt on a bond from the defendant to the plaintiffs, dated Aug. 22, 1838. The condition was, that whereas the parties “ have submitted all their demands to the determination of (three referees named;) now if the said Bailey does well and truly perform on his part, according to the award and determination of the aforesaid referees, whose award is to be published without being returned to any Court of Common Pleas, then, &c.” The submission signed by the parties was made in the form prescribed in the statute, and was acknowledged before a justice of the peace. They therein submitted “ the…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
The defendant conveyed his real and personal estate to bis daughter, the wife of the plaintiff, and at the same time took from the plaintiffs a bond with a condition for the support of himself and wife during their lives, and a mortgage of the samo real estate to secure performance. Before these conveyances were made, the defendant had conveyed his real estate in mortgage to John M. Bailey, one of the referees, to secure a debt, which remained unpaid. As usual, difficulties arose between them, which they were desirous of adjusting, and of dissolving…
2Cases cited2 opinions
- Byers v. Van DeusenNew York Supreme Court · 1830
- Efner v. ShawNew York Supreme Court · 1829
3Cited by3 opinions
- Butler v. Mayor of New-YorkNew York Supreme Court · 1843
- State Ex Rel. Nyland v. Northern Packing Co.North Dakota Supreme Court · 1932
- State Ex Rel. Nyland v. Northern Packing Co.North Dakota Supreme Court · 1932