Lamphire v. Cowan
Supreme Court of Vermont
Assumpsit upon an award. Plea, the general issue, and trial by the court by consent of parties at the December Term, 1866, Bae-eett, J., presiding.
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Assumpsit upon an award. Plea, the general issue, and trial by the court by consent of parties at the December Term, 1866, Bae-eett, J., presiding. The plaintiff gave in evidence the award declared on, which was received subject to the objection by the defendant, that the award did not definitely adjust and adjudicate the matters submitted, and so did not entitle the plaintiff to maintain this suit upon it, and purported to adjudicate matters not embraced by the submission, and particularly as to the Townsend oxen. Said award is as follows: “The undersigned, to whom were submitted all matters…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
The objections urged to the award by the defendant amount to a claim ; first, that the award is not certain ; secondly, that it is not mutual; thirdly, that it is not final, and, fourthly, that it is not within the submission. Either of these objections, if well founded, is sufficient to render the award invalid. The action is founded upon the first' article of the award, and is brought only to recover the money therein awarded as due the plaintiff from the defendant. It is doubtless competent for a party to declare upon a single article of…
2Cases cited1 opinion
- Hicks v. GleasonSupreme Court of Vermont · 1848
3Cited by3 opinions
- Jensen v. Deep Creek Farm & Live Stock Co.Utah Supreme Court · 1903
- Batchelder Brown v. Reynolds Admx.Supreme Court of Vermont · 1935
- Cutter v. CutterThe Superior Court of New York City · 1882