Spofford v. Spofford
Superior Court of New Hampshire
Debt upon an award. The declaration alleged that the parties to this action, on the 19th of February, 1838, entered into an arbitration bond, to submit to certain arbitrators, mutually chosen by them, all suits, claims, demands and controversies, of whatsoever nature ox description, to the final decision and award of said arbitrators — that due notice was given, a hearing had, and an award made by said arbitrators that the defendant in this suit should pay the plaintiff the…
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Debt upon an award. The declaration alleged that the parties to this action, on the 19th of February, 1838, entered into an arbitration bond, to submit to certain arbitrators, mutually chosen by them, all suits, claims, demands and controversies, of whatsoever nature ox description, to the final decision and award of said arbitrators — that due notice was given, a hearing had, and an award made by said arbitrators that the defendant in this suit should pay the plaintiff the sum of two hundred and seventy-five dollars; which, when paid, should be in full satisfaction of all demands of the…
1Opinion of the CourtUfham, J.
The first exception taken in this ease is, that the award is not mutual. The submission, however, is in full of all suits, controversies, claims and demands whatsoever; and the award recites, that having heard, examined and considered all the allegations and witnesses of both parties in relation to the same, it is adjudged that the plaintiff recover of *257the defendant the sum of two hundred and seventy-five dollars, and costs of reference taxed at eighteen dollars. If the award is not mutual it is clearly void.
By the early English authorities it was holden, that an award that one party shall…
2Cases cited10 opinions
- M'Kinstry v. SolomonsNew York Supreme Court · 1806
- Peters v. PeirceMassachusetts Supreme Judicial Court · 1812
- Strang v. FergusonNew York Supreme Court · 1817
- Nelson v. AndrewsMassachusetts Supreme Judicial Court · 1806
- Byers v. Van DeusenNew York Supreme Court · 1830
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3Cited by2 opinions
- Chapin v. BoodySuperior Court of New Hampshire · 1852
- Tracy v. HerrickSuperior Court of New Hampshire · 1852