Legal Opinion

Hubbard v. Firman

Illinois Supreme Court

Decided April 15, 1862PublishedCited by 3 opinions

This suit is brought to recover the amount upon an award made by Solomon Hubbard, against the defendant below, in accordance with the following contract of submission : “This is to certify, that I promise to pay Renselear M. Firman, in addition to what I have already paid him, for the lot one (1) of the southwest quarter (¿) of section eighteen (18), town twenty (20), range five (5), whatever Solomon Hubbard decides is due from me to him. F. B. HUBBARD."

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This suit is brought to recover the amount upon an award made by Solomon Hubbard, against the defendant below, in accordance with the following contract of submission : “This is to certify, that I promise to pay Renselear M. Firman, in addition to what I have already paid him, for the lot one (1) of the southwest quarter (¿) of section eighteen (18), town twenty (20), range five (5), whatever Solomon Hubbard decides is due from me to him. F. B. HUBBARD." The general issue, and six special pleas were filed. Replications were filed to these special pleas. Trial had; verdict of jury for sixteen…

1Opinion of the CourtWalker, J.

It is insisted, that the arbitrator, in making the award, departed from the terms of the submission. That he failed to take into consideration, and to pass upon, and allow the payments made upon the land by appellant. If this be true, then the award cannot be sustained, and the judgment is erroneous, as the submission was to determine what sum should be paid upon the' land in addition to what had been paid. This was the question submitted, and it alone was before the arbitrator. On his direct examination, the aitfitrator testified, that he decided there was due to the appellee, from…

2Cited by3 opinions

  1. Seaton v. KendallIllinois Supreme Court · 1898
  2. Tucker v. PageIllinois Supreme Court · 1873
  3. Hubbard v. HubbardIllinois Supreme Court · 1871

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