Tillinghast v. Gilmore

The plaintiffs sue in assumpsit on an award. The suit was brought originally in the district court of the sixth judicial district, and was taken by appeal to the Court of Common Pleas. At the trial in the latter court it appeared that Lloyd A. Tillinghast, one of the plaintiffs, signed the agreement of submission on their part with the firm name, but it did not appear that he had authority from his copartner to do so, or that his copartner had assented to, approved, or ratified the submission prior to the award. The defendant requested the court to instruct the jury that in this state of the…