Orcutt v. Butler
Supreme Judicial Court of Maine
On Facts Agreed, from Nisi Prius. This was an action of Debt on a bond, conditioned to secure the payment of an award of referees. The facts in the case are stated in the opinion of the Court. If the action could be sustained, judgment was to be for the plaintiff; otherwise a nonsuit was to be entered. An award at common law is not examinable, except on the ground of corruption, partiality, or evident excess of power.
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On Facts Agreed, from Nisi Prius. This was an action of Debt on a bond, conditioned to secure the payment of an award of referees. The facts in the case are stated in the opinion of the Court. If the action could be sustained, judgment was to be for the plaintiff; otherwise a nonsuit was to be entered. An award at common law is not examinable, except on the ground of corruption, partiality, or evident excess of power. Yarmouth v. Cumberland, 6 Maine, 21. A liberal construction should be given to awards. 8 Mass. 398. It is well settled, that no intendment shall be indulged in to overturn an…
1Opinion of the CourtAppleton, J.
The parties, Orcutt and Butler, having agreed to submit “ all demands of every description, and all controversies now existing between the parties,” to the determination of certain referees, the defendant Butler gave the plaintiff a bond with surety, the condition of which is, “ that if the said Butler shall abide by the decision of said referees, and pay all sums of money that may be awarded against him to the said Orcutt, within thirty days from the publishing of *85said award, then, this obligation to be void, otherwise to remain in Ml force and virtue.”
The referees awarded that “the said…
2Cases cited3 opinions
- Munro v. AlaireNew York Supreme Court · 1805
- Whittemore v. AdamsNew York Supreme Court · 1824
- Noble v. PeeblesSupreme Court of Pennsylvania · 1825
3Cited by2 opinions
- Inhabitants of Norridgewock v. Inhabitants of HebronSupreme Judicial Court of Maine · 1957
- Lynch v. NugentSupreme Court of Iowa · 1890