Adams v. Adams
Superior Court of New Hampshire
Assumpsit. This actioa and all demands between the parties were submitted, by a rule of the court, to the determination of three persons, who made an award that the plaintiff recover of the defendant the sum of $>402 44 damage, and costs of reference, taxed at $61 48. The defendant objected to the award, that the referees had taken into consideration and decided matters which had not been submitted to them.
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Assumpsit. This actioa and all demands between the parties were submitted, by a rule of the court, to the determination of three persons, who made an award that the plaintiff recover of the defendant the sum of $>402 44 damage, and costs of reference, taxed at $61 48. The defendant objected to the award, that the referees had taken into consideration and decided matters which had not been submitted to them. It appeared, by affidavits and papers filed in the case, that the parties were brothers : That the defendant, in the year 1807, gave to their father a promissory note for #280: That the…
1Opinion of the CourtRichardson, C. J.
It is insisted, in this case, that parol evidence is inadmissible to impeach an award legal on the face of it, except for partiality or corruption in the referees.
But the English cases cited by counsel do not sustain the broad ground taken.
The case of Lucas vs. Wilson, 2 Burrows 702, only decides that upon a motion for an attachment to enforce the performance of an award, the court will not enter at all into the merits of the matter referred, but only take into consid*89eration such legal objections as appear upon the face of the award, and such objections as go to the misbehavior of the…
2Cases cited6 opinions
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- M'Kinstry v. SolomonsNew York Supreme Court · 1806
- Cranston v. Executors of KennyNew York Supreme Court · 1812
- Barlow v. ToddNew York Supreme Court · 1808
- May v. HavenMassachusetts Supreme Judicial Court · 1812
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Chapin v. BoodySuperior Court of New Hampshire · 1852
- Furber v. ChamberlainSuperior Court of New Hampshire · 1854
- Robinson v. MooreSuperior Court of New Hampshire · 1845