Stewart v. Grier
Superior Court of Delaware
Action of Debt on an arbitration bond. n After the plaintiff rested counsel for the defendant moved a m-suit on the following grounds: First, because by the terms of the agreement to submit their differences to the said arbitration, the plaintiff agreed to discontinue the suit he had already instituted in this Court against the defendant which he has not done. Second, that the arbitrators were within twenty days after the hearing to report in writing.
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Action of Debt on an arbitration bond. n After the plaintiff rested counsel for the defendant moved a m-suit on the following grounds: First, because by the terms of the agreement to submit their differences to the said arbitration, the plaintiff agreed to discontinue the suit he had already instituted in this Court against the defendant which he has not done. Second, that the arbitrators were within twenty days after the hearing to report in writing. Third, that it was not proved that Mr. Evans was appointed by the other two arbitrators to act as an arbitrator with him. Fourth, there was no…
1Opinion of the Court
Houston, J.,
charged the jury:
That the law was favorable to the arbitration and this method of determining legal controversies and disputes out of Court by the mutual consent of the parties to submit them to the arbitration of persons agreed upon between them, and when it is done without a rule of reference out of Court, or any intervention by the Court, as in this case, the arbitrators become the judges and the tribunal of their own selection and creation for this purpose, and for that reason, unless there be good grounds shown for refusing to abide by their decision, both parties are bound…
2Cases cited4 opinions
- Nichols & Fay v. Rensselaer County Mutual InsuranceNew York Supreme Court · 1839
- Cox v. JaggerNew York Supreme Court · 1824
- Lewis v. EnglandSupreme Court of Pennsylvania · 1811
- Alling v. MunsonSupreme Court of Connecticut · 1818
3Cited by5 opinions
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
- Electrical Research Products, Inc. v. Vitaphone Corp.Supreme Court of Delaware · 1934
- Ruckman & Hansen, Inc. v. Delaware River & Bay AuthoritySupreme Court of Delaware · 1968
- Collison v. DeisemCourt of Chancery of Delaware · 1970
- Vitaphone Corp. v. Electrical Research Products, Inc.Court of Chancery of Delaware · 1933