Burroughs v. David
Supreme Court of Iowa
Appeal from the Des Moines District Gowrt. Action on an arbitration bond. The three parties, plaintiffs and defendant, having been co-partners in a certain business, and difficulties having arisen between them, they entered into a bond in the penal sum of five thousand dollars, referring those difficulties to the determination of three certain arbitrators.
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Appeal from the Des Moines District Gowrt. Action on an arbitration bond. The three parties, plaintiffs and defendant, having been co-partners in a certain business, and difficulties having arisen between them, they entered into a bond in the penal sum of five thousand dollars, referring those difficulties to the determination of three certain arbitrators. The condition of the bond recites, that a co-partnershij) in the produce and commission business had been formed between them, by articles dated November 1, 1855 ; that losses had accrued, and dissatisfaction existed- relative to the…
1Opinion of the Court
"Woodward, J.
There was a subsequent answer filed, setting up a withdrawal of the above named reference, arbitration, and award, and a reference to five persons, members of the church to which the parties, or two of them, at least, belonged. This answer sets up and shows the award of those arbitrators, but a demurrer thereto was sustained, and the whole was set aside ; and the parties, in their further proceedings in the court, fell back upon the first award.
In relation to the power of a court over, an award, we apprehend there is a material difference between the cases where the reference is…
2Cases cited7 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- M'Kinstry v. SolomonsNew York Supreme Court · 1806
- Thompson v. BlanchardSupreme Court of Iowa · 1855
- Cranston v. Executors of KennyNew York Supreme Court · 1812
- Efner v. ShawNew York Supreme Court · 1829
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jessup v. . CarnegieNew York Court of Appeals · 1880
- First National Bank in Cedar Falls v. ClaySupreme Court of Iowa · 1942
- Turner v. Hartford Fire InsuranceSupreme Court of Iowa · 1919
- Fort Dodge Lumber Co. v. RogoschSupreme Court of Iowa · 1916
- Levin v. Northwestern Nat. Ins.U.S. Circuit Court for the District of Northern Iowa · 1906