Merrill v. Lenehan
Hawaii Supreme Court
Assumpsit upon an award will lie where there was a plain and clear v agreement to submit certain matters in difference to arbitration and where the arbitrator makes a decision after a hearing— finding a sum due from one party to the other — though the agreement to arbitrate, and the proceedings under it, do not follow the statute of arbitrations. The objection that the action ought to have been brought under Section 1,100 of the Civil Code is untenable.
1Opinion of the Court
Opinion of the Court bj
Austin, J.
This action comes here on writ of error from a judgment *671in favor of a demurrer of the defendant to the plaintiff’s complaint.
The return shows that the action is in assumpsit upon an. award, and based upon a written agreement to submit certain, differences and disputes between the- pai'ties hereto to the-arbitrament and determination of an arbitrator named,, and to be bound by his decision ; and the complaint alleges that his decision was duly made and published whereby he found, a certain sum due from the defendant to the plaintiff upon said matters in…
2Cited by3 opinions
- Yoshioka v. EF Hutton & Co., Inc.Hawaii Intermediate Court of Appeals · 1981
- Chapman v. First Insurance Co. of Hawaii, Ltd.District Court, D. Hawaii · 1966
- In re Compensation to be Paid by Hilo RailroadHawaii Supreme Court · 1912