Boston & Lowell Railroad v. Nashua & Lowell Railroad
Massachusetts Supreme Judicial Court
Contract upon an award of arbitrators. The agreement of submission, dated September BO, 1882, and signed by the parties, recited that certain disputes and differences had arisen between them concerning their rights under or growing out of a certain joint traffic contract entered into in 1857, and which continued for twenty years from October 1, 1858; and that the Nashua and Lowell Railroad Corporation, on April 17, 1880, brought a bill in equity in the Circuit Court of the…
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Contract upon an award of arbitrators. The agreement of submission, dated September BO, 1882, and signed by the parties, recited that certain disputes and differences had arisen between them concerning their rights under or growing out of a certain joint traffic contract entered into in 1857, and which continued for twenty years from October 1, 1858; and that the Nashua and Lowell Railroad Corporation, on April 17, 1880, brought a bill in equity in the Circuit Court of the United States for the District of Massachusetts for the recovery of the sums claimed to be due to it. Then followed this…
1Opinion of the CourtField, J.
The award on which this action was brought was in writing, and was signed and published by the arbitrators on August 7, 1888. Before the award was signed, the defendant delivered to the arbitrators a paper signed by the president of the defendant corporation in its name, dated July 30, 1883, and a copy of the vote of the directors of the corporation passed on August 1,1883. These papers we construe to be an unconditional revocation by the defendant of the authority of the arbitrators to proceed under the submission. It is not contended that this revocation was waived or withdrawn by the…
2Cited by9 opinions
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- Kohlsaat v. Main Island Creek Coal Co.West Virginia Supreme Court · 1922
- Standard Magnesium Corp. v. FuchsCourt of Appeals for the Tenth Circuit · 1957
- Allen W. Reeves v. Charles Tarvizian, TrusteesCourt of Appeals for the First Circuit · 1965
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