Martin v. McCormick
Supreme Court of New Jersey
On case certified by the Circuit Court of the counfy of Union. The controversy arose on a motion to set aside an award. The submission, which had been made a rule of court, contained the following stipulation, viz., that the parties “ shall and will stand to, abide, and perform the award and determination of the said arbitrators, or of any two of them, so that the same be made in writing, signed by said arbitrators, or any two of them, and ready to be delivered to the said…
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On case certified by the Circuit Court of the counfy of Union. The controversy arose on a motion to set aside an award. The submission, which had been made a rule of court, contained the following stipulation, viz., that the parties “ shall and will stand to, abide, and perform the award and determination of the said arbitrators, or of any two of them, so that the same be made in writing, signed by said arbitrators, or any two of them, and ready to be delivered to the said parties, or such of them as shall demand the same, on or before the 3d day of September next.” Depositions were taken,…
1Opinion of the Court
Beasley, Chief Justice.
It is insisted on the part of Mr. Martin, who is the actor in this matter, that this award *24should be vacated, on the ground that the arbitrators did not execute the award in two parts. It clearly appears that they did duly make, sign, and seal an award within the time .limited in the submission, and that after that period they executed a duplicate. The precise point of objection is, that they did not so execute the award as to have it ready, within the prescribed time, for delivery to each of the parties, and this, it is contended, is required by the express terms of…
2Cases cited1 opinion
- Pratt v. HackettNew York Supreme Court · 1810