Melton Bros. v. Newark Fire Ins. Co.

At the conclusion of the hearing of the above-entitled cause I decided that the award in question should be set aside for the reason that the umpire had prematurely assumed authority to act in the premises. Counsel for the defendants urges that, inasmuch as my decision does not find the umpire guilty of fraud, I should refer back to the appraisers and umpire the consideration of the amount of loss and damage which is the subject-matter of the controversy between the aforesaid parties. Counsel for complainant has urged that a new appraiser should be appointed by the insurance companies, and a…