Whetstone v. Thomas
Illinois Supreme Court
This was an action of debt on award. The second count of the declaration was as follows: And also for that whereas, the said plaintiff and the said defendant, heretofore, to wit, on the twenty-third day of August, A. D. 1859, to wit, at the county of Adams and State of Illinois, executed their certain other writing obligatory, the said plaintiff by the signature of John Thomas, and the said defendant by the signature of Abijah Whetstone, sealed with their seals respectively,…
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This was an action of debt on award. The second count of the declaration was as follows: And also for that whereas, the said plaintiff and the said defendant, heretofore, to wit, on the twenty-third day of August, A. D. 1859, to wit, at the county of Adams and State of Illinois, executed their certain other writing obligatory, the said plaintiff by the signature of John Thomas, and the said defendant by the signature of Abijah Whetstone, sealed with their seals respectively, (and now to the court here shown,) which said writing obligatory is in the words and figures following, to wit: “…
1Opinion of the CourtBreese, J.
In all cases arising on awards where the question is, whether or not the arbitrator has exceeded his authority or the contrary, that question must depend upon the intention of the parties, to be drawn from the words-of the instrument of submission. It is a general rule unless the arbitrator makes his award of all matters submitted to him, the award is void, meaning only, where the submission is of several specific things. But where the submission is of all matters in difference, or of all disputes, without specifying them, the arbitrator need only make his award as to the things of which he…
2Cited by9 opinions
- Shaw v. DorrisIllinois Supreme Court · 1919
- Smith v. RutledgeIllinois Supreme Court · 1928
- Taylor v. Scott, Foresman & Co.Appellate Court of Illinois · 1913
- Buntain v. CurtisIllinois Supreme Court · 1862
- City of Carlyle v. Village of BeckemeyerAppellate Court of Illinois · 1927
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