Johnson v. Holyoke Water Power Co.
Massachusetts Supreme Judicial Court
Contract by Henry Johnson and Alvin A. Long on an account annexed for lumber sold and delivered by the plaintiffs to the defendants. The answer denied that the plaintiffs delivered the full quantity of lumber which they alleged.
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Contract by Henry Johnson and Alvin A. Long on an account annexed for lumber sold and delivered by the plaintiffs to the defendants. The answer denied that the plaintiffs delivered the full quantity of lumber which they alleged. The case was referred by a rule of the superior court to three arbitrators, “ the report of whom or a majority of whom to be made as soon as may be and judgment thereon to be final; ” and at August term 1871 they returned a unanimous award, dated August 22, 1871, that they had met the parties and heard their proofs on the 16th, 17th and 18th of August, and that the…
1Opinion of the Court
Gray, J.*
We have no doubt that any communication made by one party to a submission, without the knowledge of the other, while the arbitrators have the case under consideration, attempting to influence them in his own favor, or to prejudice them against the «other party, will avoid the award, if seasonably ob jected to by the latter; because the court cannot know that it did not affect the minds of the arbitrators, and must protect the inno*474cent party from the possibility of being injured by the unlawful attempt of the other party. If such an attempt is made before the award is returned or…
2Cited by2 opinions
- Morville v. American Tract SocietyMassachusetts Supreme Judicial Court · 1877
- Farrell v. German American InsuranceMassachusetts Supreme Judicial Court · 1900