Griffin v. Champlain Mutual Fire Insurance
Supreme Court of Vermont
These cases were assumpsit on policies of insurance. They were referred, with a like case between the plaintiff and the Windsor County Mutual Fire Insurance Company, at the April Term, 1877, and a rule issued to the referees at the same term.
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These cases were assumpsit on policies of insurance. They were referred, with a like case between the plaintiff and the Windsor County Mutual Fire Insurance Company, at the April Term, 1877, and a rule issued to the referees at the same term. The agreement for reference was in writing and signed by counsel, and stipulated that the cases should “ be heard together, and decided accorded to law,” and the decision of the referees “ be final and conclusive, and the judgment be entered upon their report without.exceptions.” The rule was, as far as it is material to be stated, as follows: “ It is…
1Opinion of the Court
The opinion of the court was delivered by
Dünton, J.
We think that the agreement by which these cases were referred, clearly provides that all questions of law as well as of fact, were to be finally determined by the referees. By applying the ordinary rules of construction to this agreement, no other interpretation can be given to it. Effect is to be given to all its provisions, if possible, and by no other construction can this be done.
It is claimed, inasmuch as both the agreement and rule of court required these cases to be decided according to law, that it must be presumed that the referees…
2Cases cited1 opinion
- Wellman v. BulkleySupreme Court of Vermont · 1834
3Cited by1 opinion
- Morse v. BeersSupreme Court of Vermont · 1879