Gaylord v. Norton
Massachusetts Supreme Judicial Court
Contract. The declaration alleged an agreement of submission to arbitration, whereby the parties agreed to submit all matters in dispute between them, and under which an award was made, in favor of the plaintiff in this action, for a sum stated. At the trial in the Superior Court, before Moolcwell, J., the plaintiff put in evidence tending to prove the execution of the agreement of submission and the award.
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Contract. The declaration alleged an agreement of submission to arbitration, whereby the parties agreed to submit all matters in dispute between them, and under which an award was made, in favor of the plaintiff in this action, for a sum stated. At the trial in the Superior Court, before Moolcwell, J., the plaintiff put in evidence tending to prove the execution of the agreement of submission and the award. The defendant offered to show, by oral evidence, that he had a certain claim which was in dispute between himself and the plaintiff, and what that claim was; that he brought that claim…
1Opinion of the CourtAmes, J.
It is true that every reasonable presumption will be made in favor of an award. Tallman v. Tallman, 5 Cush. 825. Strong v. Strong, 9 Cush. 560. It is the legal presumption, unless the contrary appears, that arbitrators pursue the submission, and decide only the matters therein contained, and also that *75they decide all matters submitted to them. Sperry v. Ricker, 4 Allen, 17. And it is the legal presumption, until the contrary is proved, that referees hear all the legal proofs offered to them by either party, and their omission to state this- explicitly in their award is no cause for setting…
2Cases cited2 opinions
- Lutz v. LinthicumSupreme Court of the United States · 1834
- Rollins v. TownsendMassachusetts Supreme Judicial Court · 1875
3Cited by3 opinions
- Fazio v. EMPLOYERS'LIABILITY ASSURANCE CORP. LTD.Massachusetts Supreme Judicial Court · 1964
- Roake v. American Telephone & Telegraph Co.New Jersey Court of Chancery · 1886
- Walker v. SimpsonSupreme Judicial Court of Maine · 1888