Fisher v. Towner
Supreme Court of Connecticut
IN ERROR. This was an action of book debt, brought by Towner and Mitchell against Fisher. While the cause was pending in the superior court, the parties appeared and agreed to submit all matters in controversy in the suit to TV. H. Elliott, Henry Hotchkiss and Matthew G. Elliott, as arbitrators ; and that the submission should be made a rule of court. The court accordingly made the submission a rule of court, and appointed the above-named persons arbitrators under such rule.
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IN ERROR. This was an action of book debt, brought by Towner and Mitchell against Fisher. While the cause was pending in the superior court, the parties appeared and agreed to submit all matters in controversy in the suit to TV. H. Elliott, Henry Hotchkiss and Matthew G. Elliott, as arbitrators ; and that the submission should be made a rule of court. The court accordingly made the submission a rule of court, and appointed the above-named persons arbitrators under such rule. The arbitrators met and heard the parties, and made their award in favourof the plaintiffs to recover of the defendant…
1Opinion of the Court
Williams, Ch. J.
The plaintiff in error insists, that the arbitrator, who is landlord to Towner, is a judge, and this relation disqualifies him from acting. By the common law, parties may submit their controversies to such arbitrators as they choose, without regard to their character for wisdom or discretion, except persons who, on account of age or imbecility of mind, or dependence on others, cannot make contracts; such as infants, idiots, insane persons, villeins, &c. Com. Dig. tit. Arbitrament. B. C. It has been said, however, that married women may be arbitrators, and even parties in…
2Cases cited2 opinions
- Brown v. GreenSupreme Court of Connecticut · 1829
- English v. SmithSupreme Court of Connecticut · 1839
3Cited by5 opinions
- In re Curtis & Castle ArbitrationSupreme Court of Connecticut · 1894
- Bennett v. MeaderSupreme Court of Connecticut · 1988
- Giddens v. Board of EducationIllinois Supreme Court · 1947
- Bullman v. North British & Mercantile InsuranceMassachusetts Supreme Judicial Court · 1893
- Riccomini v. PierucciCalifornia Court of Appeal · 1921