Beattie v. Hilliard
Supreme Court of New Hampshire
Bill in equity, to set aside the award of John W. Barney, Benjamin F. Hunking, and Edward R. Kent, arbitrators agreed upon by these parties to determine concerning the claims of each against the other for damages sustained by each in an affray and assault, May 18, 1868. The bill alleges that “ the arbitrators were biased and committed in. favor of the defendant and his case, and prejudiced and hostile to the plaintiff and his case, and were partial and interested in behalf…
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Bill in equity, to set aside the award of John W. Barney, Benjamin F. Hunking, and Edward R. Kent, arbitrators agreed upon by these parties to determine concerning the claims of each against the other for damages sustained by each in an affray and assault, May 18, 1868. The bill alleges that “ the arbitrators were biased and committed in. favor of the defendant and his case, and prejudiced and hostile to the plaintiff and his case, and were partial and interested in behalf of said defendant, and unfit men to serve as arbitrators between the parties touching the matters aforesaid, * * all…
1Concurrence
I am also of opinion that this verdict should be set aside. It may be conceded that the arbitrators endeavored, to act honestly and impartially, and that they wholly persuaded themselves that they did so. The evidence tends to show that two of them at least had prejudged the case, and had on more than one occasion expressed their opinions. They cannot therefore be deemed impartial. If the plaintiff had been informed of their real position, he never would have consented to their sitting as arbitrators in his case. Next to securing a fair and impartial trial for parties, it is important that…
2Cases cited2 opinions
- Wiggin v. PlumerSuperior Court of New Hampshire · 1855
- Giles v. School District No. 14Superior Court of New Hampshire · 1855