Cheney v. Gates
Supreme Court of Vermont
Debt, on award of arbitrators. The submission was under the seals of the parties, and the declaration alleged the award to be under seal. On the trial in the county court, the award, which was offered in evidence by the plaintiff, was objected to by the defendant, on the ground that there was but one seal, which seal was a paper attached by a wafer, at the left hand of the signatures of the arbitrators. The award did not conclude with “witness our hands and seals,” &c.
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Debt, on award of arbitrators. The submission was under the seals of the parties, and the declaration alleged the award to be under seal. On the trial in the county court, the award, which was offered in evidence by the plaintiff, was objected to by the defendant, on the ground that there was but one seal, which seal was a paper attached by a wafer, at the left hand of the signatures of the arbitrators. The award did not conclude with “witness our hands and seals,” &c. The county court excluded the award; whereupon the plaintiff offered to prove, by one of the arbitrators, that the seal on…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The seal, in this case, is such a substance as is recognized in law as proper for a seal; and it is clear, from the authorities, that but one such substance is considered necessary, even if there be many signers ; provided it be made to appear, in a legal manner, that the signers all adopted that as their seal. If the instrument states that it was executed under their “ hands and seals,” every signer is presumed to have adopted the one seal which appears. (7 New H. Rep. 230.) If the instrument has no such words, it becomes more doubtful,…
2Cited by2 opinions
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