Patterson v. Leavitt
Supreme Court of Connecticut
This was an action on a promissory note. The parties had entered into a written submission, referring sundry matters of controversy between them to the arbitrament and final award of John Trowbridge, Ralph R. Hinman and Nathaniel Perry jun., Esqrs.; providing in such submission, that the arbitrators should hear the parties, and make their award in the premises; which, they agreed, should be binding on them.
Read the full summary
This was an action on a promissory note. The parties had entered into a written submission, referring sundry matters of controversy between them to the arbitrament and final award of John Trowbridge, Ralph R. Hinman and Nathaniel Perry jun., Esqrs.; providing in such submission, that the arbitrators should hear the parties, and make their award in the premises; which, they agreed, should be binding on them. The note on which this action was brought, was made by the defendant, and delivered into the hands of the arbitrators as an escrow, to be by them endorsed down to such sum as they might…
1Opinion of the Court
Hosmer, Ch. J.
The sole question in this case, is, whether an award made by two only of three arbitrators, no such power having been expressly given, and the other having dissented, is legally valid.
The principles applicable to this case are indisputably settled; and the only enquiry relates to their application. It is said, by Lord Coke, (Co. Litt. 181. b.) that there is a diversity between, authorities, created by the party, for private causes, and an authority created by law, for the administration of jus*53tice; as if a man devise, that his two executors shall sell, or a charter of feoffment…
2Cases cited2 opinions
- Towne v. JaquithMassachusetts Supreme Judicial Court · 1809
- Guppy v. BrownSupreme Court of the United States · 1805
3Cited by17 opinions
- Gas Co. v. WheelingWest Virginia Supreme Court · 1875
- Jelly v. DilsWest Virginia Supreme Court · 1885
- Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1908
- Towne v. JaquithMassachusetts Supreme Judicial Court · 1809
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
12 more not listed; retrieve them via the Exa API.