Goodrich v. Hulbert
Massachusetts Supreme Judicial Court
Contract. In May, 1876, the case was referred by agreement of parties, under a rule of court, to Henry W. Paine, esquire, who made an award in favor of the plaintiff; and the defendants moved to set aside the award for the following reasons: “ 1. Because the referee was not entirely disinterested, but, having been associated with Elias Merwin, esquire, for several years, as counsel for Goodrich, the plaintiff in this action, in a very important and bitterly contested…
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Contract. In May, 1876, the case was referred by agreement of parties, under a rule of court, to Henry W. Paine, esquire, who made an award in favor of the plaintiff; and the defendants moved to set aside the award for the following reasons: “ 1. Because the referee was not entirely disinterested, but, having been associated with Elias Merwin, esquire, for several years, as counsel for Goodrich, the plaintiff in this action, in a very important and bitterly contested lawsuit, in which said Goodrich’s character was involved, was thereby necessarily biased in his favor, and unable to decide…
1Opinion of the CourtGray, C. J.
The only ground assigned for the defendants’ motion to set aside the award was bias and interest of the arbitrator, by reason of his having acted as counsel for the plaintiff in a former action, which was not disclosed or known to the defendants or their counsel until after the award was made. It was not contended that the fact was intentionally concealed, it did not appear that the plaintiff or his counsel knew or suspected that the defendants were ignorant of it, and their actual ignorance of the fact is immaterial. The decision of the judge, overruling the motion, is not subject to…
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