Franklin Mining Co. v. Pratt
Massachusetts Supreme Judicial Court
Contract on an award dated March 17, 1868, made by two arbitrators, against the dissent of a third, in pursuance of a submission under the Gen. Sts. c. 147, dated October 4, 1867, to two arbitrators named “and one other disinterested impartial man to be agreed upon by said ” two. The award was accepted, and judgment ordered thereon, in the superior court, against objections of the defendant, who appealed. The case is stated in the opinion.
1Opinion of the CourtChapman, C. J.
Two objections are made to the award. The first is, that the agreement, signed by the parties and acKnowledged before a justice of the peace, named .but two of the arbitrators, and provided that they might choose the third. They made the choice by an instrument in writing, but not acknowledged, and the award is signed by him.
*360The other objection is, that the award was by the agreement to be returned within four months from October 4, 1867. It was not thus returned; and on February 4, 1868, the attorneys of the parties signed an agreement, but without acknowledgment, that the time might be…
2Cited by10 opinions
- In re the Arbitration between Kreiss & HotalingCalifornia Supreme Court · 1892
- Holdridge v. StowellSupreme Court of Minnesota · 1888
- Bent v. Erie Telegraph & Telephone Co.Massachusetts Supreme Judicial Court · 1887
- Barney v. FlowerSupreme Court of Minnesota · 1881
- Burkland v. JohnsonNebraska Supreme Court · 1897
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