Thrasher v. Haynes
Superior Court of New Hampshire
A submission of all demands does not embrace demands which ame between the saiinissioa and the time of the award. IVher3 a gr'ss sum is awarded, and it appear that the award was founded in part upon matters not submitted, the whole award will be held void.
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A submission of all demands does not embrace demands which ame between the saiinissioa and the time of the award. IVher3 a gr'ss sum is awarded, and it appear that the award was founded in part upon matters not submitted, the whole award will be held void. Debt on a bond, dated January 13, 1819. The defendant craved oyer of the bond and the condition, and it appeared that the bond was by its condition to be void, if one Easiman should perform an award to be made between him and the said Thrasher. The defendant, among other things, pleaded, that the submission was a submissioa of all demands…
1Opinion of the CourtWoodbury, J.
A submission of all matters in dispute, or of all demands, embraces only such demands and disputes as exist between the parties at the date of the submission. This is the fair construction of the language of the submission, and accords with the nature of the transaction : and it is the rule of the civil as well as of the common law.(l) It is clear then, that the arbitrators in this case ought not to have considered the rule mentioned in the plea as submitted to their decision.
But is the award for this cause void ? In some cases, where an award embraces matters not submitted, if the different…
2Cited by2 opinions
- Government of the Virgin Islands, Department of Education v. St. Thomas/St. John Educational Administrators' Ass'n, Local 101 ex rel. FordeSupreme Court of The Virgin Islands · 2017
- Chase v. StrainSuperior Court of New Hampshire · 1844