Hinkle v. Harris
Missouri Court of Appeals
Appeal from the Cape Girardeau Circuit Court. — Hon. H. C. O’ Bryan, Judge. The submission was a general one of all controversies between the parties, and includes all matters of dispute between them at that time. Preem. Judg. [ 2 Ed.] p. 345, secs. 321, 322 ; Harris v. Mfg. Co., 5 Am. Rep. 549. And parol evidence is inadmissible to show that the arbitrators awarded concerning a matter which was not in controversy at the time of the submission.
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Appeal from the Cape Girardeau Circuit Court. — Hon. H. C. O’ Bryan, Judge. The submission was a general one of all controversies between the parties, and includes all matters of dispute between them at that time. Preem. Judg. [ 2 Ed.] p. 345, secs. 321, 322 ; Harris v. Mfg. Co., 5 Am. Rep. 549. And parol evidence is inadmissible to show that the arbitrators awarded concerning a matter which was not in controversy at the time of the submission. DeLong v. ■Stanton, 9 Johns. 38. The presumption is that the arbitrators did not exceed the powers given them, and it devolved on defendant to show…
1Opinion of the CourtBiggs, J.
On the eighth day of December, 1887, the plaintiffs and defendant entered into the following agreement *229to-wit: “Whereas certain differences have arisen and are now existing between the undersigned Daniel Hinkle, John Fullbright and Marion Drum, of the one part and Robert W. Harris of the other part respecting certain matters of account now open and unsettled, and divers other subjects of dispute between us ; we therefore agree to submit to W. W. Drum, C. A. Wills and A. H. Kinder, as arbitrators, as well the said matters of account, and other subjects of dispute, as also all other manner of…
2Cases cited3 opinions
- Bowen v. LazalereSupreme Court of Missouri · 1869
- Shores v. BowenSupreme Court of Missouri · 1869
- Squires v. AndersonSupreme Court of Missouri · 1873
3Cited by6 opinions
- The Hartbridge.Court of Appeals for the Second Circuit · 1932
- Fernandes Grain Co. v. HunterMissouri Court of Appeals · 1925
- Arbitration of Pope Construction Co. v. State Highway CommissionMissouri Court of Appeals · 1936
- International Brotherhood of Electrical Workers, Local Union No. 124 v. Alpha Electric Co.District Court, W.D. Missouri · 1991
- Milwaukee Police Ass'n v. City of MilwaukeeWisconsin Supreme Court · 1979
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