Legal Opinion

Cogswell v. Cameron

Massachusetts Supreme Judicial Court

Decided February 29, 1884PublishedCited by 3 opinions

Contract, by the administrator of the estate of James Keeley, against Allen Cameron and John W. Abbott, to recover the amount of an award of arbitrators, and interest thereon..

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Contract, by the administrator of the estate of James Keeley, against Allen Cameron and John W. Abbott, to recover the amount of an award of arbitrators, and interest thereon.. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence that the defendants were manufacturers of worsted yarns, doing business in this Commonwealth under the name of the Abbott Worsted Company; that, in the year 1865, by instruments in writing, Keeley was appointed to, and accepted, the position of agent, in the city of New…

1Opinion of the CourtField, J.

The judge before whom this action was tried, without a jury, was warranted by the facts found by him in also finding that the parties, at the time of signing the papers of January 13 and 15, 1876, “had reasonable cause to believe that the arbitrators had obtained information regarding the case elsewhere than at the hearings, and had examined witnesses of whom they had no knowledge.”

Assuming that the examination by the arbitrators, without the knowledge of the parties, of the two witnesses, Butterworth and King, and the inquiries also made by the arbitrators without the knowledge of the…

2Cases cited2 opinions

  1. Eveleth v. ChaseMassachusetts Supreme Judicial Court · 1821
  2. Hamilton v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1871

3Cited by3 opinions

  1. Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
  2. Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
  3. Burkland v. JohnsonNebraska Supreme Court · 1897

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