Benjamin v. Benjamin
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bradford county. David Benjamin against Jesse Benjamin. This action was brought to recover the amount of an award, in which the parties agreed to the following facts: The parties entered into an agreement in writing to submit all matters in variance between them, under the provisions of the Act of 1836, to three arbitrators, whose award was to be final and conclusive between them.
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ERROR to the Common Pleas of Bradford county. David Benjamin against Jesse Benjamin. This action was brought to recover the amount of an award, in which the parties agreed to the following facts: The parties entered into an agreement in writing to submit all matters in variance between them, under the provisions of the Act of 1836, to three arbitrators, whose award was to be final and conclusive between them. The arbitrators met and heard the parties, and made an award for the plaintiff for #142. The question was, whether the plaintiff was entitled to recover. The court below was of opinion…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
This action was instituted in the Court of Common Pleas of Bradford county, by David Benjamin against Jesse Benjamin, to recover the sum of $142 with costs, which had been awarded to be paid by the defendant to the plaintiff by arbitrators mutually chosen by them, to whose arbitrament and award they had agreed to submit all matters in variance between them, expressly declaring by their submission, which was in writing, under their respective hands and seals, that the submission was “under the Act of 1836.” The submission contained no…
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