Blodgett v. Prince
Massachusetts Supreme Judicial Court
Cohteaot, begun originally by William H. Gibbs, the plaintiff’s intestate. The case was referred by agreement of parties to Horatio N. Page, David F. McGilvray, and Nathaniel Wales, the award of whom or a majority of whom to be final, the arbitrators to “hear the parties, first giving seasonable notice of the time and place of hearing, and return their award ” into the superior court.
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Cohteaot, begun originally by William H. Gibbs, the plaintiff’s intestate. The case was referred by agreement of parties to Horatio N. Page, David F. McGilvray, and Nathaniel Wales, the award of whom or a majority of whom to be final, the arbitrators to “hear the parties, first giving seasonable notice of the time and place of hearing, and return their award ” into the superior court. On February 8, 1870, an award in favor of Gibbs, signed by McGilvray and Wales, was returned into the court. Gibbs having died, the plaintiff was admitted to prosecute as administrator of his estate, and moved…
1Opinion of the CourtGray, J.
Upon a bill of exceptions, all just inferences of fact are to be made in favor of the judgment of the court below, and it can be set aside for error in law only. We find no such error in the present case.. 1. The submission not having prescribed the place or manner of hearing, they were left to the discretion of the arbitrators. And it appears that the plaintiff’s counsel withdrew from the hearing as soon as the defendant protested against his taking part in it.
2. The facts stated in the bill of exceptions warranted the inference that the arbitrators came to a final decision on January 17,…
2Cited by6 opinions
- Campbell v. Inhabitants of UptonMassachusetts Supreme Judicial Court · 1873
- Riccomini v. PierucciCalifornia Court of Appeal · 1921
- Doherty v. DohertyMassachusetts Supreme Judicial Court · 1889
- Dana v. DanaMassachusetts Supreme Judicial Court · 1927
- Zorkowski v. AstorThe Superior Court of the City of New York and Buffalo · 1895
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