Whitcher v. Whitcher
Supreme Court of New Hampshire
The parties agreed to the following case, viz : The plaintiffs action is founded upon an award of arbitrators made upon a submission ill writing which is as follows : Submission.
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The parties agreed to the following case, viz : The plaintiffs action is founded upon an award of arbitrators made upon a submission ill writing which is as follows : Submission. “ Know all men by these presents, that whereas differences and disputes, have been, and are yet, depending and unsettled between Chase Whitcher and Daniel Whitcher, for the settling and determining whereof the said parties have submitted themselves and become bound, each to the other, by these presents, the day of the date hereof, in the sum of five hundred dollars, to obey, observe, perform and abide by, and keep…
1Opinion of the CourtFoster, J.
We can discover no valid objection to the form of the plaintiff’s action, nor to the form or substance of his declaration. The general and the special counts seem to be well stated and sufficient to support the cause of action to which they are severally applicable.
This is a parol submission and award. [Chitty on Contracts 4. Oates v. Bromil, Salk. 75.
A submission is a contract between two or more parties, whereby they agree to refer the subject in dispute to others and to be bound by their award, and the submission itself implies an agreement to abide the result, even if no such agreement…
2Cases cited10 opinions
- New York & Cumberland R. Co. v. MyersSupreme Court of the United States · 1856
- Lyle v. RodgersSupreme Court of the United States · 1820
- Waite v. BarryNew York Supreme Court · 1834
- Liotard v. GravesNew York Supreme Court · 1805
- Brown v. HankersonNew York Supreme Court · 1824
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