Howe v. Nickerson
Massachusetts Supreme Judicial Court
Bill in equity to enforce specific performance of an award of arbitrators “ that Edward G. Nickerson shall pay Thomas Howe forty-six dollars and twenty-seven cents in currency, and eighteen hundred and ninety-seven dollars and fifty-one cents in gold, and interest from August 25, 1865, until it is paid.” The defendant filed a general demurrer; and the case was reserved, by Foster, J., for the determination of the full court.
1Opinion of the CourtGray, J.
The parties having submitted the matters in difference between them to arbitration, and an award having been rendered upon that submission, to which no objection is made, the rights and obligations of the parties depend upon the award alone, and are to be ascertained from the language in which the arbitrators have expressed their conclusion ; and the court cannot go behind the award, or inquire what would have been these rights and obligations if they had been brought in the first instance before the judicial courts for determination, instead of being submitted to and determined by a tribunal…
2Cases cited9 opinions
- Brown v. BarrySupreme Court of the United States · 1797
- Rodes v. . BronsonNew York Court of Appeals · 1866
- Story v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1855
- Warnibold v. SchlictingSupreme Court of Iowa · 1864
- Buchegger v. ShultzMichigan Supreme Court · 1865
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