Abberger v. Marrin
Massachusetts Supreme Judicial Court
Contract under the Gen. Sts. c. 86, § 61, referred under a rule of the superior court to an arbitrator, who awarded that the plaintiff should recover of the defendants a sum named, together with costs of court and of the reference; and to whose award was appended the following certificate, also signed by him: 16 The only claim of the plaintiff in this case was, to recover money back, of the defendants, which he had paid them for intoxicating liquors.
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Contract under the Gen. Sts. c. 86, § 61, referred under a rule of the superior court to an arbitrator, who awarded that the plaintiff should recover of the defendants a sum named, together with costs of court and of the reference; and to whose award was appended the following certificate, also signed by him: 16 The only claim of the plaintiff in this case was, to recover money back, of the defendants, which he had paid them for intoxicating liquors. The defendants raised the following questions of law, which were to be submitted to the court, by agreement of the parties, for their…
1Opinion of the CourtColt, J.
The referee awards in favor of the plaintiff, and states questions of law, which he says were by the agreement of the parties to be submitted to the court. The award is not made in the alternative, and it is not certain that the referee reported all the evidence before him, or would not have received additional evidence, if he had taken the view of the case contended for by the defendants. If his award was made solely upon the facts stated in his report, for the purpose of presenting the law questions, then we are of opinion that he erred, and that the judgment of the court below in favor of…
2Cited by14 opinions
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- State of Texas v. Texas Brewing Co.Texas Supreme Court · 1913
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