Kirkham v. German American Insurance

The opinion of the court was delivered by

West, J.:

Plaintiff’s stock of j ewelry was damaged by fire, and after some negotiations with the defendant a written agreement was made to submit the amount of the loss to arbitration. Each party chose an appraiser and the two appraisers chose an umpire. The award in writing of any two was to determine the loss and be binding. An award was made in the sum of *942$863.35, signed by the umpire and the appraiser chosen by the company, and the plaintiff, not accepting this, sued to recover $2000 and attorney’s fees, and in reply to an answer setting up the…