Norton v. Savage
Supreme Judicial Court of Maine
This was assumpsit on a promissory note of hand, payment of which was resisted by the defendant, on the ground that it had been submitted to arbitration by the parties, and an award thereupon made in favour of the defendant.
Read the full summary
This was assumpsit on a promissory note of hand, payment of which was resisted by the defendant, on the ground that it had been submitted to arbitration by the parties, and an award thereupon made in favour of the defendant. And he offered in evidence, 1. the writing of submission, which was as follows, viz: “ Know all men, we James Norton and George Savage, of “ Bangor, have agreed to submit the demand made by the said “ Norton, against the said Savage, which is hereto annexed, “ and all other demands, to the determination of James B. “ Fiske, and E. T. Aldrich; — and should they not agree,…
1Opinion of the Court
The opinion of the Court was delivered by
Parris J.
In the original submission, the parties agreed that the subject matter in controversy between them, should be referred to Fisk and Aldrich, for their determination, and in case they should not agree, that they might choose one or more persons to act with them. The referees, not having agreed, did, by consent of parties, as they certify, select three other persons to act with them. The whole five met, and both parties were present and were heard ; and we think, are as much bound by the award as they would have been if the whole five had been…
2Cases cited1 opinion
- Rison v. BerryCourt of Appeals of Virginia · 1826