Christenson v. Carleton
Supreme Court of Vermont
Debt on a written award. Plea, the general issue. Trial by jury at the March Term, Washington County, 1896, Ross, C. J., presiding. At the close of the testimony the court directed a verdict for the plaintiff for the amount of the award with interest and costs. The two arbitrators were mot authorized to appoint a third until they had failed in an honest effort to agree.
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Debt on a written award. Plea, the general issue. Trial by jury at the March Term, Washington County, 1896, Ross, C. J., presiding. At the close of the testimony the court directed a verdict for the plaintiff for the amount of the award with interest and costs. The two arbitrators were mot authorized to appoint a third until they had failed in an honest effort to agree. Royse's Admr. v. McCall, 5 Bush (Ky.) 695; Traverse v. Beall, 2 Cranch, C. C. 113; McMahan v. Spinning, 51 Ind. 187; Daniel v. Darnel's Admr. 6 Dana (Ky.) 98; Sharp v. Lipsey, 2 Bailey (S. C.) 113; Morse on Arb. and Award,…
1Opinion of the CourtTaet, J.
This action is in debt upon a written award. The parties submitted a controversy as to a certain horse, and other disputes and claims, to the arbitrament and *93award of Allen Bates and John McLaughlin, and stipulated that in case said Bates and McLaughlin failed to agree they, Bates and McLaughlin, should have power to select another arbitrator, and the decision of the majority should be final.
The award was signed by Bates, McLaughlin and a third person by the name of Jackman.
Upon trial the testimony tended to show the following facts, viz: That before the cause was heard, the two arbitrators…
2Cited by3 opinions
- Duggan v. HeaphySupreme Court of Vermont · 1912
- Barber v. VintonSupreme Court of Vermont · 1909
- Scott v. SuitorSupreme Court of Vermont · 1931