Legal Opinion

Fuller v. Adams

Supreme Court of Vermont

Decided February 15, 1872PublishedCited by 4 opinions

ActioN on ti-ie case, to recover damages for the revocation of a submission to arbitration of a cause pending between the parties.

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ActioN on ti-ie case, to recover damages for the revocation of a submission to arbitration of a cause pending between the parties. The cause was referred by agreement of parties, who reported the following facts: That a controversy existing between Warren Adams and Lucy Fuller was submitted by articles of submission to Hon. Julius Converse, and that the 25th day of March, 1869, was agreed upon as the time, and Ludlow as the place of hearing in said arbitration ; that the arbitrator met the parties at the time and place agreed upon, and that thereupon the counsel for Mrs. Fuller gave notice to…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The referee has found that the plaintiff’s charge for the services of Ebenezer Hutchinson ought not to be allowed. This is equivalent to finding that his employment about the arbitration was not reasonable, and if so, the plaintiff is not entitled to recover for his services, though she had paid for them. The referee has attached to and made a part of his report the affidavit of Mr. Hutchinson, but has not found that the statements in the affidavit are true. The county court were not, therefore, at liberty to treat the statements in the…

2Cited by4 opinions

  1. Darby v. First National BankSupreme Court of Vermont · 1885
  2. Collins v. Estate of CollinsSupreme Court of Vermont · 1932
  3. Luce v. BrownSupreme Court of Vermont · 1922
  4. Vilas National Bank v. StraitSupreme Court of Vermont · 1886

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