Porter v. Scott
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action on-an arbitration bond. The defence set up, is that the arbitrators, in the matter referred to them, had published their award, in which some of the accounts were left undetermined ; and that, subsequently, the umpire chosen in the case had ascertained and carried the accounts which had been left in blank in the original published award.
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Appeal from the Superior Court of the City of San Francisco. This was an action on-an arbitration bond. The defence set up, is that the arbitrators, in the matter referred to them, had published their award, in which some of the accounts were left undetermined ; and that, subsequently, the umpire chosen in the case had ascertained and carried the accounts which had been left in blank in the original published award. The defendant asked the Court below to instruct the jury, that if the facts were as alleged by the defendant as above, the award was void, and the plaintiff could not recover. The…
1Opinion of the CourtMurray, C. J.
The argument of this case has elicited an amount of labor and research highly creditable to the learned counsel who represent the parties, and we regret that the press of business prevents us from following them in the examination of many of the principles which have been so ably discussed.
The plaintiff declared on an arbitration bond; the defendant denies the award. On the trial of the cause the plaintiff introduced an award dated October 1,1852, signed by the arbitrators and one Hussey, who purported to act as umpire. After stating the result of their deliberations, the award concludes with…
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