Low v. Nolte
Illinois Supreme Court
This was an action of debt brought by Henry Nolte, the appellee, against William W. Low and John P. Chapin, the appellants. The declaration consists of four counts upon an award of arbitrators chosen by the parties. The first count declares upon the award generally, by referring to the contract of submission and award filed and referred to. The second count declares upon the award, and sets out in substance the agreement of submission and the award.
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This was an action of debt brought by Henry Nolte, the appellee, against William W. Low and John P. Chapin, the appellants. The declaration consists of four counts upon an award of arbitrators chosen by the parties. The first count declares upon the award generally, by referring to the contract of submission and award filed and referred to. The second count declares upon the award, and sets out in substance the agreement of submission and the award. There were two other counts upon which the plaintiff below entered a nolle prosequi, and no question arises on them. The appellants, who were…
1Opinion of the CourtScates, C. J.
In 15 Ill. R. 368, this court held that the submission and award in this case were not made under the statute, and that the remedy of the respective parties was by the common law. Nolte has pursued that remedy by instituting this action of debt upon the award for the recovery of the several sums, awarded.
The special cause of demurrer set forth, has no foundation in truth or fact. The first and second counts do contain substantial averments of a delivery of the award to each of the plaintiffs within the terms of submission. The averment is, of the' service of a copy upon them on the 4th and…
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