Burnell v. Everson
Supreme Court of Vermont
General Assumpsit for half of arbitrators’ fees. Trial by the court on an agreed statement of facts, September Term, 1876, Royce, J., presiding. Plaintiff and defendant submitted certain differences to arbitrators by a written submission silent as to costs of arbitration.
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General Assumpsit for half of arbitrators’ fees. Trial by the court on an agreed statement of facts, September Term, 1876, Royce, J., presiding. Plaintiff and defendant submitted certain differences to arbitrators by a written submission silent as to costs of arbitration. The arbitrators heard and decided the matters submitted, and awarded that plaintiff pay their fees, amounting to $60. The award was performed except as to arbitrators’ fees, which plaintiff refused to pay, whereupon the arbitrators sued him therefor, and recovered the full amount thereof, with costs, and plaintiff paid the…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, C. J.
This action is brought to recover the one half of the amount of the arbitrators’ fees that were awarded to be paid by the plaintiff by a board of arbitrators appointed by *451the plaintiff and defendant to settle certain matters of difference between them. It appears from the case that in the submission nothing was said as to the costs of the arbitration. The arbitrators awarded that the plaintiff, Burnell, should pay their fees, amounting to the sum of $60. Afterwards they sued Burnell for their fees and obtained a judgment therefor.…
2Cases cited3 opinions
- Bowman v. DownerSupreme Court of Vermont · 1856
- Hawley v. HodgeSupreme Court of Vermont · 1835
- Morrison v. BuchananSupreme Court of Vermont · 1859