Willard v. Bickford
Supreme Court of New Hampshire
Debt on an arbitration bond for non-performance of an award. The plaintiff brought three several actions on the case for slander, against the defendant, against J. P. Adams, and against C. Newell, which were pending in court. These slanders were alleged to have been committed at different times and places, and were separate and distinct from each other.
Read the full summary
Debt on an arbitration bond for non-performance of an award. The plaintiff brought three several actions on the case for slander, against the defendant, against J. P. Adams, and against C. Newell, which were pending in court. These slanders were alleged to have been committed at different times and places, and were separate and distinct from each other. The parties severally agreed tb refer the cause of action alleged in their respective writs, to three referees, “the award of whom to be final.” Separate arbitration bonds were entered into between the parties to each suit, and the actions…
1Opinion of the CourtBell, C. J.
The objection to the award is, that a separate award should have been made in each case, and that the award was not made and ready to be delivered to the parties within ninety days from the signing of the bond •and agreement to refer.
The most judicious course undoubtedly, is for referees and arbitrators to make a separate award in each case submitted to them ; but it does not seem to us to admit of a doubt, that if they err in this respect, and draw up an award embracing their decision in more than one case, their award will not be held invalid on that account, if it is clear, intelligible,…
2Cases cited5 opinions
- Sellick & Sellick v. AddamsNew York Supreme Court · 1818
- Munro v. AlaireNew York Supreme Court · 1805
- Ott v. SchroeppelNew York Supreme Court · 1848
- Perkins v. WingNew York Supreme Court · 1813
- Pratt v. HackettNew York Supreme Court · 1810