Connor v. Simpson
Supreme Court of Pennsylvania
Error to Common Pleas No. 1 of Allegheny County to review a judgment for want of a sufficient affidavit of defense in an action of debt on an award. The affidavit of defense alleged, inter alia, that the arbitrator was a partner of the plaintiff, Simpson, and that he was not chief engineer, the officer agreed upon as arbitrator, when the award was made. The assignments of error specified the action of the court in malting absolute the rule and in not dismissing the rule.
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Error to Common Pleas No. 1 of Allegheny County to review a judgment for want of a sufficient affidavit of defense in an action of debt on an award. The affidavit of defense alleged, inter alia, that the arbitrator was a partner of the plaintiff, Simpson, and that he was not chief engineer, the officer agreed upon as arbitrator, when the award was made. The assignments of error specified the action of the court in malting absolute the rule and in not dismissing the rule. In an action on an award at common law the misconduct of the arbitrator is a good defense. Van Cortlandt v. Underhill, 17…
1Opinion of the Court
*106Opinion by
Mr. Justice Trunkey:
The parties agreed that the chief engineer of the Pittsburgh & Chicago Railway Company should be arbiter, to whom all and every question between them growing out of the contracts should be referred. On July 12, 1882, Delos E. Culver made an award which was adjudged to be void for uncertainty. (See Connor v. Simpson, 104 Pa. 440.) Subsequently he made another award which is the foundation of this suit.
It is averred in the affidavit of defense that the defendant “has been informed and believes and expects to be able to prove that said Culver and Simpson were…
2Cases cited2 opinions
- North Lebanon Railroad v. McGrannSupreme Court of Pennsylvania · 1859
- Connor v. SimpsonSupreme Court of Pennsylvania · 1883
3Cited by4 opinions
- Reilly v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1984
- James D. Morrisey, Inc. v. Gross Construction Co.Superior Court of Pennsylvania · 1982
- Munson v. Dury Clothing Co., Pennsylvania Court of Common Pleas, Luzerne County1964
- Reilly v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1984