Legal Opinion

Gordon v. Tucker

Supreme Judicial Court of Maine

Decided April 15, 1830PublishedCited by 2 opinions

1st debt on an arbitration bond, it appeared, on oyer of the condition, that the defendants, who were named as private individuals, mutually agreed with the plaintiff “ to submit to the determination of Moses Bradbury, Gibeon Elden and Jabez Bradbury, the claim of the said Reuben Gordon for all damages which have been occasioned, or which may hereafter be occasioned to the land of said Reuben Gordon, by the erection and continuance of the dam across Saco river at Union…

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1st debt on an arbitration bond, it appeared, on oyer of the condition, that the defendants, who were named as private individuals, mutually agreed with the plaintiff “ to submit to the determination of Moses Bradbury, Gibeon Elden and Jabez Bradbury, the claim of the said Reuben Gordon for all damages which have been occasioned, or which may hereafter be occasioned to the land of said Reuben Gordon, by the erection and continuance of the dam across Saco river at Union falls, to the height the same is now erected ; the report of whom or the major part of whom to be final and conclusive…

1Opinion of the Court

Weston J.

delivered the opinion of the Court at the adjournment, in August of the ensuing May term in Cumberland.

From the award set forth in the replication, it sufficiently appears that it was made between the parties to the bond of arbitration now in suit. There are indications to this effect, which are not to be mistaken. The plaintiff is theréin named as one of the parties, and Jonathan Tucker, who first executed the bond set forth on oyer, is also named as one of the other parties. The arbitrators are the same, and their signatures are arranged to the award, as they are in the submission.…

2Cases cited2 opinions

  1. Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
  2. Strang v. FergusonNew York Supreme Court · 1817

3Cited by2 opinions

  1. Bouck v. BouckSupreme Court of Minnesota · 1894
  2. In re Southern Pac. Co.U.S. Circuit Court for the District of Northern California · 1907

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