Kirten v. Spears
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. 1. The court had power to review the award. Gantt’s Digest, chapter 6, sections 251, 252, 253, 25Jp, etc. 2. The main contest was whether there was a partnership or not, and the arbitrators wholly failed to decide the point, but undertook to compromise, or do general ■equity. Nor was the award final, nor co-extensive with the submission, and the exceptions on these grounds should have been sustained.
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APPEAL from Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. 1. The court had power to review the award. Gantt’s Digest, chapter 6, sections 251, 252, 253, 25Jp, etc. 2. The main contest was whether there was a partnership or not, and the arbitrators wholly failed to decide the point, but undertook to compromise, or do general ■equity. Nor was the award final, nor co-extensive with the submission, and the exceptions on these grounds should have been sustained. (8 Ad. 3; El., 290; Morse onArb. and Aw., 252 ; 9 Vesey Jr., 361p; 3 Hast., 18; 7 Exch., 269.) An award is void where it…
1Opinion of the CourtSmith, J.
Spears brought his action at law in the Pulaski Circuit Court to recover of Kirten $19,504.33, alleged to be due for money bad and received to the plaintiff’s use. On the same day he filed his bill in the Pulaski Chancery Court against the same defendant, stating that he had purchased and paid for certain lots in the city of Little Rock, but for private reasons did not take the title directly to himself; that he accordingly caused the conveyance to be made to the defendant, a friend in whom he reposed confidence, and who accepted the trust, and agreed to convey to the plaintiff upon his…
2Cited by11 opinions
- Anthony v. KaplanSupreme Court of Arkansas · 1996
- Brush v. FisherMichigan Supreme Court · 1888
- Wessell Brothers Foundation Drilling Co. v. Crossett Public School DistrictSupreme Court of Arkansas · 1985
- McLeroy v. WallerCourt of Appeals of Arkansas · 1987
- Hoboken Mfrs. R.R. Co. v. Hoboken R.R. C., Co.New Jersey Court of Chancery · 1942
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