White v. Fox
Supreme Court of Connecticut
Action on an award, brought against the defendant as executor of Asa Spencer; tried to the jury in the superior court on the general issue with notice.
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Action on an award, brought against the defendant as executor of Asa Spencer; tried to the jury in the superior court on the general issue with notice. On the 8th day of October, 1857, the plaintiff, who resided in the state, of Illinois, was occupying, through his agent, Lewis White, a farm in Pomfret in this state, belonging to Spencer, the defendant’s testator, under a lease which was to expire on the first day of April, 1859. On that day the following agreement was entered into between the latter and Lewis White as agent of the plaintiff. “This agreement, made this 8th day of-October,…
1Opinion of the CourtEllsworth, J.
As this is an action on an award of arbitrators for a certain sum of money due the plaintiff by the award, there can obviously be no objection in itself to proving both the submission and the award; and none is made to the admission of the award except that it is not under seal. But a seal is never necessary to an award of arbitrators, unless required by the terms of the submission, and in certain cases in this state byá positive statute, as where the “ right, title or boundaries of real estate ” are involved, which is not ■ the case here.
Nor does the rule that an agent can not bind his…
2Cited by4 opinions
- Mathews v. MillerWest Virginia Supreme Court · 1885
- Dunn v. Auburn Electric Motor Co.Supreme Judicial Court of Maine · 1898
- Judson v. United StatesCourt of Appeals for the Second Circuit · 1903
- Gage v. JudsonDistrict Court, D. Connecticut · 1901