Cohn v. Wemme
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Justice Moore. This is an action by S. Morton Cohn against E. Henry Wemme to recover the amount of an award.
Read the full summary
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Justice Moore. This is an action by S. Morton Cohn against E. Henry Wemme to recover the amount of an award. The complaint states that plaintiff is the owner of certain real property in Portland, which was occupied for a specified time by one Fred T. Merrill for himself and as agent for another, and by the Fred T. Merrill Cycle Company; that actions were instituted by the owner against such occupants to recover the possession of the demanded premises, and the defendant herein became surety on undertakings given in such actions;…
1Opinion of the CourtJustice Moore
1. It is contended by defendant’s counsel that the denial of the arbitrators to receive material testimony offered by the parties renders their determination liable to be vacated; that such refusal affords a valid defense to an action on the award, and, this being so, the court erred in directing a verdict for plaintiff. A text-writer, in discussing the consequence that may result from a denial of arbitrators to receive competent evidence, says: “There are cases which would go far to sustain the broad, general rule that, if arbi*149trators refuse to hear testimony which is offered, and is in fact…
2Cases cited14 opinions
- State v. LordOregon Supreme Court · 1896
- Canfield v. Watertown Fire InsuranceWisconsin Supreme Court · 1882
- State v. KnightenOregon Supreme Court · 1901
- Willis v. CrawfordOregon Supreme Court · 1901
- Halstead v. . SeamanNew York Court of Appeals · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Krausse v. GreenfieldOregon Supreme Court · 1912
- Jacob v. Pacific Export Lumber Co.Oregon Supreme Court · 1931
- Chance v. CarterOregon Supreme Court · 1916
- Spores v. MaudeOregon Supreme Court · 1916
- Elliott Contracting Co. v. City of PortlandOregon Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.