Robinson v. Morse
Supreme Court of Vermont
Assumpsit on two promissory notes. The defendant pleaded the general issue, and two special pleas in bar; the defendant in the special pleas set forth a submission in writing under the seals of the parties to arbitration, of all matters in dispute between the parties, including the notes in question, and an award made in pursuance of said submission.
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Assumpsit on two promissory notes. The defendant pleaded the general issue, and two special pleas in bar; the defendant in the special pleas set forth a submission in writing under the seals of the parties to arbitration, of all matters in dispute between the parties, including the notes in question, and an award made in pursuance of said submission. The plaintiff replied, and set forth in his replication, that said notes, in the declaration mentioned and counted upon, were never presented to, or considered by said arbitrators. To the plaintiff’s replication the defendant demurred. The County…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The questions in this case arise upon a general demurrer to two special pleas in bar; in each of which the defendant has pleaded a submission to arbitration of all matters in dispute between them, and award of the arbitrators made in pursuance of that submission. The replication admits the submission and award as stated in the pleas; and the demurrer to the replication admits, that the notes mentioned in the declaration, were not presented to, or adjudicated by the arbitrators, in making their award. In the second plea, it is stated that a…
2Cases cited4 opinions
- Wheeler v. Van HoutenNew York Supreme Court · 1815
- Fidler v. CooperNew York Supreme Court · 1838
- Bunnel v. PintoSupreme Court of Connecticut · 1818
- Buck v. BuckSupreme Court of Vermont · 1830
3Cited by5 opinions
- Barker v. Belknap's EstateSupreme Court of Vermont · 1866
- Miller v. LaphamSupreme Court of Vermont · 1872
- Trescott v. BakerSupreme Court of Vermont · 1857
- Robinson v. MorseSupreme Court of Vermont · 1857
- Town of Rutland v. Town of West RutlandSupreme Court of Vermont · 1895