Elliott v. Quimby
Superior Court of New Hampshire
Assumpsit, on account annexed to the writ, and for use and occupation. After suit brought, and before the same was entered, the parties submitted the accounts between them to arbitrators, who awarded $ 12.41 to the plaintiff, and costs.
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Assumpsit, on account annexed to the writ, and for use and occupation. After suit brought, and before the same was entered, the parties submitted the accounts between them to arbitrators, who awarded $ 12.41 to the plaintiff, and costs. An attachment of property had been made upon the writ, and the award provided that the action should not be estopped until the $ 12.41 was paid, and that the award should remain in the hands of one of the arbitrators until this condition was complied with. The sum awarded was not paid, and at the term of court at which the writ was returnable the action was…
1Opinion of the CourtUpham, J.
It is undoubtedly correct that an agreement for the submission of a cause is ordinarily a discontinuance of the suit; and that, as a general rule, where there has been *183a submission of all demands, an award is conclusive against a suit on any demand subsisting at the time of the submission. Where, however, parties have submitted all demands to arbitrators, and they have made their report, it may still be shown, in an action afterwards brought on a particular demand, that it was not in dispute, and not laid before the referees, and the action may be maintained. 2 N. H. Rep. 26, Whittemore vs.…
2Cases cited4 opinions
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Hodges v. HodgesMassachusetts Supreme Judicial Court · 1812
- Buck v. BuckSupreme Court of Vermont · 1830
- Whittemore v. WhittemoreSuperior Court of New Hampshire · 1819