Karthans v. State Mutual Fire Insurance

By the Court.

This suit is brought on an award; and the first question presented is, was there one made between the parties? To judge from the paper claimed by the plaintiff to be an award alone, unaccompanied with the agreement to refer, we would rather construe it to be an appraisement of the value of the property injured, as it does not purport to decide or pass upon any dispute or controversy. The language used imports an appraisement of the loss or damage, rather than a decision of the rights of the parties. That view is strengthened by the fact that the damages are assessed at $3825.78…