Noffsinger v. Thompson

AN action of one partner against the other for an accounting. Briefly, the issue was whether defendant was indebted to plaintiff, and if so, in what sum. The matter was submitted to arbitration under chapter 27, Code of Civil Procedure. By determination of two of three arbitrators chosen, the third formally dissenting, plaintiff was denied recovery, and he sought by motion to impeach the award pursuant to section 320 of the Code. To the overruling of his motion he assigns error.

Although other grounds are urged, we examine only plaintiff's claim that one of the arbitrators joining in the award…