Morrison v. Buchanan
Supreme Court of Vermont
Debt upon a bond executed to the plaintiff by the defendants, and conditioned that the defendant, Walter Buchanan, should abide the submission made by him and the plaintiff to certain arbitrators of all matters in difference between them, and should keep the award of such arbitrators, The submission contained an agreement by the parties to the arbitration “ to abide the award of said arbitrators and cost to be awarded to the parties who may succeed in said action, meaning to…
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Debt upon a bond executed to the plaintiff by the defendants, and conditioned that the defendant, Walter Buchanan, should abide the submission made by him and the plaintiff to certain arbitrators of all matters in difference between them, and should keep the award of such arbitrators, The submission contained an agreement by the parties to the arbitration “ to abide the award of said arbitrators and cost to be awarded to the parties who may succeed in said action, meaning to include all manner of action and actions, cause or causes of action, suits, hills, bonds, specifications, covenants,…
1Opinion of the Court
Redfirld, Ch. J.
The important proposition discussed at the bar, how far an arbitrator may award costs, and especially the costs of the arbitrator, when no such power is expressly given in the submission, is one of considerable practical importance. Upon principle it would seem that no such power should exist. It is quite too important a power to be implied as a mere incident of the submission. The implication from the omission to specify such a power in the submission, is rather that it was not intended to be conferred, than that it was supposed to follow the award of damages. The more…
2Cases cited5 opinions
- Peters v. PeirceMassachusetts Supreme Judicial Court · 1812
- Strang v. FergusonNew York Supreme Court · 1817
- Clement v. ComstockMichigan Supreme Court · 1852
- Alling v. MunsonSupreme Court of Connecticut · 1818
- Hanson v. WebberSupreme Judicial Court of Maine · 1885
3Cited by1 opinion
- Burnell v. EversonSupreme Court of Vermont · 1878