Peters v. Peirce
Massachusetts Supreme Judicial Court
Debt on bond for 2000 dollars, dated June 17th, 1809. On oyer it appears that the bond was conditioned for the performance of an award of one Calef to be made of all demands subsisting between the plaintiff and one Powers, then late his copartner, in trade, of the one part, and the defendant of the other part.
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Debt on bond for 2000 dollars, dated June 17th, 1809. On oyer it appears that the bond was conditioned for the performance of an award of one Calef to be made of all demands subsisting between the plaintiff and one Powers, then late his copartner, in trade, of the one part, and the defendant of the other part. The defendant, in his plea, sets forth an award, made on the 8th of July, 1809, in these words, viz.: “ This may certify that, after examining all the business referred to. me, I find said Jonathan Peirce indebted to Peters and Powers, which he shall pay, five hundred and twenty-six…
1Opinion of the Court
The cause was argued at the last March term in this county by Smith for the plaintiff, and Fuller for the defendant; and being continued for advisement, the opinion of the Court was delivered at this term by
Sedgwick, J.
[After statingthe declaration and pleadings.] The defendant calls in question the validity of the award; and so far as respects the costs awarded, I think the award bad, because, by the submission, no power was given to the arbitrator for that purpose ; and without such power he has no authority to award costs. (1) But this forms no objection to the plea ; as well because no…
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