Tracy v. Herrick
Superior Court of New Hampshire
In equity. The bill alleges that Tracy, the orator, and Herrick & McKew, the defendants, entered into a copartnership, for the purpose of procuring and performing a contract with the Manchester and Lawrence Railroad Corporation, to grade the seventh section of the road, situated in Derry, in this county, the gain and loss to be equally divided between them ; and on the same day, which was the 26th of May, 1848, they took the contract of the corporation accordingly, the work…
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In equity. The bill alleges that Tracy, the orator, and Herrick & McKew, the defendants, entered into a copartnership, for the purpose of procuring and performing a contract with the Manchester and Lawrence Railroad Corporation, to grade the seventh section of the road, situated in Derry, in this county, the gain and loss to be equally divided between them ; and on the same day, which was the 26th of May, 1848, they took the contract of the corporation accordingly, the work to be done in a specified manner, at stipulated prices, and at specific times. That on the 29th of May, 1848, they…
1Opinion of the CourtEastman, J.
Courts of equity will interfere and set aside an award of arbitrators, whenever such manifest and palpable injustice is done as to show fraud, misconduct or evident mistake on the part of the arbitrators. Rand v. Redington, 13 N. H. Rep. 72; 2 Story’s Equity 675.
A court of law, also, will set aside a report in cases where a return is by law made to the court, if corruption, partiality, gross mistake or evident misconduct shall appear. Bassett v. Harkness, 9 N. H. Rep. 165.
But an award will not be set aside for subtle and technical exceptions; and all matters connected with it, will receive a…
2Cases cited12 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Davy's Executors v. FawSupreme Court of the United States · 1812
- Peters v. PeirceMassachusetts Supreme Judicial Court · 1812
- Herrick v. BlairNew York Court of Chancery · 1814
- Todd v. BarlowNew York Court of Chancery · 1817
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