Ellicott v. Coffin
Massachusetts Supreme Judicial Court
Appeal from an order of the superior court for judgment on an award made and returned into that court in pursuance of a submission under the Gen. Sts. c. 147, §§ 1, 2. The record showed, that on April 23, 1870, the appellants, Joseph P. Ellicott and others, as owners of the schooner T. M. Allen, entered, with the appellees, who were partners under the name of William E. Coffin & Company, into a submission, under the statute, of “ all demands between them to the determination…
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Appeal from an order of the superior court for judgment on an award made and returned into that court in pursuance of a submission under the Gen. Sts. c. 147, §§ 1, 2. The record showed, that on April 23, 1870, the appellants, Joseph P. Ellicott and others, as owners of the schooner T. M. Allen, entered, with the appellees, who were partners under the name of William E. Coffin & Company, into a submission, under the statute, of “ all demands between them to the determination of John Lathrop, Esquire, counsellor at law, the award of whom being made and reported within one year from this day to…
1Opinion of the CourtColt, J.
We are asked to set aside, the award in this case as erroneous in matter of law. No questions of law are, by the terms of the submission, which was under the statute, or by the award itself, expressly submitted to the judgment of the court; but the award states the legal principles upon which it is made, and this, it is contended, gives to either party the right to call upon 'the court to set it aside, if error in law is apparent.
When a claim is submitted by the parties to the judgment of one or more arbitrators, without restriction or condition, the judgment or award thereon is conclusive…
2Cited by18 opinions
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- Members of Bakery & Confectionery Workers International Union of America v. Hall Baking Co.Massachusetts Supreme Judicial Court · 1946
- Cummington Realty Associates v. WhittenMassachusetts Supreme Judicial Court · 1921
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