Newton v. West
Court of Appeals of Kentucky
CASE 8 — PETITION ORDINARY — APPEAL PROM MADISON CIRCUIT COURT. cited Pr. Dec. 163,168,176; Hardin, 46, 227 ; 1 Bac. Ab., Arb. and' Award, B; lb. letter E, 134; 4 Bibb, 252 ; 1 J. J. Mar., 340 ; 12 B. Mon., 133 ; Frost vs. Smith, 7 J. J. Mar.; Civil Code, secs. 289, 290. cited Bacon Ab. (B) 133 ; Fb. (E) (3), 144; 1 Met., 626; 14 B. Mon., 197.
1Opinion of the CourtChief Justice Simpson
This action was brought upon an award, and the defendant in his answer and on the trial insisted that the award was invalid, because it embraced matters which were not submitted to the arbitrators by the terms of submission.
The agreement of the parties, under which the award was made, although somewhat obscure in stating the matters that were referred to the arbitrators for their determination, was, we think, by a fair construction thereof, sufficient to submit to their decision the whole partnership transactions between the parties ; otherwise the decision, when made, would not be a final…
2Cited by12 opinions
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- Cushman v. CarpenterMassachusetts Supreme Judicial Court · 1851
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