Reily v. Russell
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. 1. The appellants insist that the arbitrators acted upon and awarded on matters not submitted to them by the bond, upon a fair construction in connection with the facts of the case. . (a.) We say that if the bond did authorize an investigation into all that related to the partnership matters, without any reference to what had been settled by the parties, or to what had or had not been claimed by the parties or entered upon the books,…
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Appeal from St. Louis Circuit Court. 1. The appellants insist that the arbitrators acted upon and awarded on matters not submitted to them by the bond, upon a fair construction in connection with the facts of the case. . (a.) We say that if the bond did authorize an investigation into all that related to the partnership matters, without any reference to what had been settled by the parties, or to what had or had not been claimed by the parties or entered upon the books, still we say, under that power the arbitrators could not award illegal charges or credits to or for either party without an…
1Opinion of the CourtBay, Judge
For several years prior to 1st of December, 1856, Bennett and Russell were co-partners, engaged in the wholesale grocery business, under the name and style of Rirssell & Bennett ; but on the day above mentioned the partnership was dissolved, and the partners undertook to settle the partnership accounts between them. They divided the real estate between them, and Bennett, who continued the business, took the stock on hand. A difficulty having arisen between them in regard to the correctness of the settlement, and with respect to other matters growing out of their partnership transactions, it…
2Cases cited2 opinions
- Smith v. CutlerNew York Supreme Court · 1833
- Newman v. LabeaumeSupreme Court of Missouri · 1845
3Cited by13 opinions
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- Dworkin v. Caledonian InsuranceSupreme Court of Missouri · 1920
- Thatcher Implement & Mercantile Co. v. BrubakerMissouri Court of Appeals · 1916
- Allen v. HickamSupreme Court of Missouri · 1900
- Miller v. HaleMissouri Court of Appeals · 1902
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