Young v. Kinney
Supreme Court of Vermont
.Replevin for a yoke of oxen. Plea, not guilty, and trial by jury, September Term, 1874, Redeield, J., presiding. Verdict for defendant and exceptions by plaintiff. The case appears from the opinion. The case presents but one point: can an arbitrator decide one half of the matters in dispute that he has heard, and have the award valid ? The authorities are uniform that such an award is invalid.
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.Replevin for a yoke of oxen. Plea, not guilty, and trial by jury, September Term, 1874, Redeield, J., presiding. Verdict for defendant and exceptions by plaintiff. The case appears from the opinion. The case presents but one point: can an arbitrator decide one half of the matters in dispute that he has heard, and have the award valid ? The authorities are uniform that such an award is invalid. Smith v. Potter, 27 Vt. 304 ; Morse v. Hall, lb. 660. The award, if valid, is a bar to this suit. 11 Vt. 47 ; 26 Vt. 392; 12 Johns. 311; 19 Wend. 285. The award is valid. 39 Vt. 420 ; Kendrioh v.…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The oxen replevied were purchased by the plaintiff of the defendant in 1868. The sale was conditional. The condition, as stated in the note given for the oxen, was, that they were to remain the property of the defendant until the note was fully paid. A controversy afterwards arose between the parties as to whether the note had been paid, and they referred their matter in dispute to an arbitrator. By the submission made by the *23parties, after reciting that a certain matter of difference had arisen between them, they agreed to submit all matters…
2Cases cited2 opinions
- Rixford v. NyeSupreme Court of Vermont · 1848
- Kendrick v. TarbellSupreme Court of Vermont · 1854
3Cited by6 opinions
- R. E. Bean Construction Co. v. Middlebury Associates & Middlebury Developers, Inc.Supreme Court of Vermont · 1980
- Jensen v. Deep Creek Farm & Live Stock Co.Utah Supreme Court · 1903
- Rolfe v. Patrons' Androscoggin Mutual Fire InsuranceSupreme Judicial Court of Maine · 1908
- RE Bean Const. v. MIDDLEBURY, ETC.Supreme Court of Vermont · 1980
- State Ex Rel. Nyland v. Northern Packing Co.North Dakota Supreme Court · 1932
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