Moshier v. Shear
Illinois Supreme Court
Writ oe Error to the Appellate Court for the Second District. Moshier, the plaintiff in error, in 1874, held against Shear notes upon which, according to the face of the notes and the indorsements, there was due on the 9th of March, 1867, the sum of $400, and this sum was claimed by Moshier to be due from Shear, with interest from March 9,1867. Shear, on the other hand, claimed that Moshier, on a settlement of accounts, would owe him over $1000. They submitted the…
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Writ oe Error to the Appellate Court for the Second District. Moshier, the plaintiff in error, in 1874, held against Shear notes upon which, according to the face of the notes and the indorsements, there was due on the 9th of March, 1867, the sum of $400, and this sum was claimed by Moshier to be due from Shear, with interest from March 9,1867. Shear, on the other hand, claimed that Moshier, on a settlement of accounts, would owe him over $1000. They submitted the controversy to an arbitration, which resulted in an award in favor of Shear for $1100. This award was set aside, and another…
1Opinion of the Court
Sheldon, J.:
There is not merely the amount of this award involved here. .If this award stands, Moshier is barred of .his claim of $400 against Shear, and he has to pay Shear $704.62, whereas, if this award is set aside, then Moshier will be at liberty to assert his claim against Shear of $400, and to resist Shear’s claim of $704.62 against him. Therefore in the matter of setting aside this award there is more than the $704.62 involved, the amount of the award. It directly affects Moshier to the extent of $1104.62, as he claims. That is the amount involved,—not merely $704.62, the amount of…
2Cited by1 opinion
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