Tiffany v. Coffey
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James E. Goodrich, Judge. (1) Defendant’s right to a hearing and to notice of the time and place thereof, although not expressed in the contract for arbitration, is implied. Dormoy v. Knower, 55 Iowa 722; Shively v. Knoblock, 8 Ind. App. 483; Curtis v. Sacramento, 64 Cal. 102; Peters v. New-kirk, 6 Cowen (N. Y.) 103; Slocum v. Damon, 1 Pinn. (Wis.) 520; Lutz v. Linthicum, 8 Pet. (U. S.) 178; Falconer v. Montgomery, 4 Dali.
Read the full summary
Appeal from Jackson Circuit Court. — Eon. James E. Goodrich, Judge. (1) Defendant’s right to a hearing and to notice of the time and place thereof, although not expressed in the contract for arbitration, is implied. Dormoy v. Knower, 55 Iowa 722; Shively v. Knoblock, 8 Ind. App. 483; Curtis v. Sacramento, 64 Cal. 102; Peters v. New-kirk, 6 Cowen (N. Y.) 103; Slocum v. Damon, 1 Pinn. (Wis.) 520; Lutz v. Linthicum, 8 Pet. (U. S.) 178; Falconer v. Montgomery, 4 Dali. (Pa.) 232; Gaffey v. Hartford Bridge Co., 42 Conn. 143; Daniel v. Daniel, 6 Dana (Ky.) 93;-Walker v. Walker, 28 Ga. 140; Willianas…
1Opinion of the CourtEllison, J.
This is an action on a common law reference and award. Plaintiff and defendant own adjoining farms. The former claimed the latter’s hogs had entered his fields and did him injury by destroying parts of his crop. Two arbitrators were agreed upon, it being stipulated that if they could not agree they were to select a third. They selected a third and an award of fifty dollars was made for plaintiff. Defendant refused to pay it and this suit followed before a justice of the peace, where plaintiff obtained judgment. On appeal to the circuit court he again had judgment, and defendant has brought…
2Cases cited10 opinions
- Elmendore v. HarrisCourt for the Trial of Impeachments and Correction of Errors · 1840
- Day v. . HammondNew York Court of Appeals · 1874
- Jordan v. HyattNew York Supreme Court · 1848
- Curtis v. City of SacramentoCalifornia Supreme Court · 1883
- Alexander v. CunninghamIllinois Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Harmon v. Stuyvesant InsuranceMissouri Court of Appeals · 1913