Alling v. Munson
Supreme Court of Connecticut
THIS was an action on the case, for the non-performance of an award. The submission and award were thus stated in the declaration ; “ That on the 28th day of December, 1814, sundry disputes and differences had arisen, and were existing, between the plaintiff, in his said capacity of administrator, and the defendant, concerning two notes executed by the defendant, to the said Gorham, deceased, in his the sftid Gorham’s life time, viz. one of said notes being for the sum of…
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THIS was an action on the case, for the non-performance of an award. The submission and award were thus stated in the declaration ; “ That on the 28th day of December, 1814, sundry disputes and differences had arisen, and were existing, between the plaintiff, in his said capacity of administrator, and the defendant, concerning two notes executed by the defendant, to the said Gorham, deceased, in his the sftid Gorham’s life time, viz. one of said notes being for the sum of 157 dollars, dated the lftli day of February, 1812, and payable six months from its date, with interest; and the other of…
1Opinion of the Court
Swift Ch. J.
I am of opinion, that the authorities dearly establish the position, that an administrator can submit a claim of the deceased, whom he represents, to arbitration $ and that he, can, in that capacity, maintain ⅞ suit on the award.
Though there has been some difference of opinion and practice, in different countries, with respect to the power of arbitrators to award costs, where no provision is made in the submission ; yet the practice in this state has been, where the submission was general, and there has been no restriction on their power respecting costs, to consider the…
2Cited by8 opinions
- Wood v. . TunnicliffNew York Court of Appeals · 1878
- Johnson's Appeal from ProbateSupreme Court of Connecticut · 1899
- Hutchins v. JohnsonSupreme Court of Connecticut · 1837
- Hine v. StephensSupreme Court of Connecticut · 1866
- Stewart v. GrierSuperior Court of Delaware · 1886
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