Clement v. Comstock
Michigan Supreme Court
The plaintiff brought his action in the Court below, upon an award of arbitrators. Bonds were executed by the defendants on the one part and David Vrooman on the other part, to each other in the penalty of $1,000, conditioned that said parties would each on their part submit to arbitrators therein named, “to hear all the proofs and allegations of the parties, of and concerning all suits, controversies, trespasses, claims, demands, accounts, notes, bonds, orders, drafts,…
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The plaintiff brought his action in the Court below, upon an award of arbitrators. Bonds were executed by the defendants on the one part and David Vrooman on the other part, to each other in the penalty of $1,000, conditioned that said parties would each on their part submit to arbitrators therein named, “to hear all the proofs and allegations of the parties, of and concerning all suits, controversies, trespasses, claims, demands, accounts, notes, bonds, orders, drafts, chattel mortgages, and every matter in dispute and unsettled between the said Vrooman and the said Oliver C. Comstock, Jr.…
1Opinion of the Court
By the Court, Green, J.
The defendants object to a recovery by the plaintiff in this cause, •and insist that the award of the arbitrators was void, because,
1st. The arbitration bond provides that “judgment in the Circuit Court for the County of Calhoun, shall be rendered upon the award which may be made pursuant to the submission, to the end that all matters in controversy in that behalf between the parties shall be finally concluded, pursuant to the provisions of the statute for determining controversies by arbitration;” and the statute not having been conformed to, either in the submission…
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