Thompson v. Mitchell
Supreme Judicial Court of Maine
On Report from Nisi Prius, Wells, J., presiding. Debt. The case shows that the plaintiff purchased from the defendant a part of a patent right of a certain machine, and gave therefor one note of $100, and two of $200 each, all of which the defendant sold in the market.
Read the full summary
On Report from Nisi Prius, Wells, J., presiding. Debt. The case shows that the plaintiff purchased from the defendant a part of a patent right of a certain machine, and gave therefor one note of $100, and two of $200 each, all of which the defendant sold in the market. A controversy afterwards arising between the parties, they submitted the whole matter to the determination of three referees, and gave mutual bonds, stipulating to abide the award, which the referees or any two of them should make and publish in writing under their hands at any time within sixty days after hearing the parties.…
1Opinion of the CourtShepley, C. J.
— The suit is upon an arbitration bond. The plaintiff must prove, that an award in writing was made and published in conformity to the requirements of the condition of the bond. One was introduced signed by two of the arbitrators, and objection is made, that it does not appear of record that all three of the referees were present at the hearing.
It is stated in the award, that all of them met and heard the parties ; and that is sufficient.
Another objection is, that it was not delivered or published in writing. The condition of the bond in this case did not require, that the award should be…
2Cases cited1 opinion
- Nichols & Fay v. Rensselaer County Mutual InsuranceNew York Supreme Court · 1839
3Cited by7 opinions
- Jeffersonville Railroad v. MountsIndiana Supreme Court · 1856
- Estate of GilbertSupreme Judicial Court of Maine · 2017
- Wood v. HelmeSupreme Court of Rhode Island · 1884
- Estate of GilbertSupreme Judicial Court of Maine · 2017
- Estate of GilbertSupreme Judicial Court of Maine · 2017
2 more not listed; retrieve them via the Exa API.