Beattie v. Hilliard
Supreme Court of New Hampshire
Bill in equity, to set aside the award of John W. Barney, Benjamin F. Hunking, and Edward R. Kent, arbitrators agreed upon by these parties to determine concerning the claims of each against the other for damages sustained by each in an affray and assault, May 18, 1868. The bill alleges that “ the arbitrators were biased and committed in. favor of the defendant and his case, and prejudiced and hostile to the plaintiff and his case, and were partial and interested in behalf…
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Bill in equity, to set aside the award of John W. Barney, Benjamin F. Hunking, and Edward R. Kent, arbitrators agreed upon by these parties to determine concerning the claims of each against the other for damages sustained by each in an affray and assault, May 18, 1868. The bill alleges that “ the arbitrators were biased and committed in. favor of the defendant and his case, and prejudiced and hostile to the plaintiff and his case, and were partial and interested in behalf of said defendant, and unfit men to serve as arbitrators between the parties touching the matters aforesaid, * * all…
1Opinion of the Court
The evidence in this case tends to show that the plaintiff Beattie had little or no acquaintance with the arbitrators before the agreement to refer was made, and that he did not know that either of the arbitrators had formed or expressed any opinions unfavorable to him, or that they were not entirely impartial and indifferent persons.
The evidence of the plaintiff tends to show that the arbitrator Kent had previously formed and expressed opinions very unfavorable to the plaintiff; and also that the arbitrator Barney had done the same thing.
The evidence also tends to show these persons were on…
2Cases cited1 opinion
- Wiggin v. PlumerSuperior Court of New Hampshire · 1855
3Cited by6 opinions
- State v. WrenSupreme Court of New Hampshire · 1914
- Attorney-General Ex Rel. Knapp v. LittlefieldSupreme Court of New Hampshire · 1916
- State v. CompanySupreme Court of New Hampshire · 1941
- Carpenter v. BaileySupreme Court of New Hampshire · 1876
- Straw v. TruesdaleSupreme Court of New Hampshire · 1879
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