Holyoke Machine Co. v. Franklin Paper Co.
Massachusetts Supreme Judicial Court
Motion to set aside an award of arbitrators returned to the superior court in pursuance of an agreement of submission entered into by the parties, under Gen. Sts. c. 147, and dated October 6,1866. By said agreement it appeared that the subject of arbitration was a contract made by the plaintiffs with the defendants to manufacture certain machinery, and the transactions of the parties under and relating to the same, and that it was agreed that the arbitrators should determine…
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Motion to set aside an award of arbitrators returned to the superior court in pursuance of an agreement of submission entered into by the parties, under Gen. Sts. c. 147, and dated October 6,1866. By said agreement it appeared that the subject of arbitration was a contract made by the plaintiffs with the defendants to manufacture certain machinery, and the transactions of the parties under and relating to the same, and that it was agreed that the arbitrators should determine “ whether or not there has been any breach of this contract, and, if so, what damages, if any, have been caused the…
1Opinion of the Court
By the Court.
1. The omission to affix the stamp required by the statute of the United States was not by design or with intent to defraud, and the omission having been supplied in the manner provided by the act of congress, the submission was rendered valid in like manner as if it had been duly stamped when made. U. S. St. 1866, c. 184, § 9. Tobey v. Chipman, 13 Allen, 123.
2. The matter of damages was by the terms of the submission entirely within the discretion of the arbitrators.
Exceptions overruled.
2Cited by6 opinions
- Rheinstrom v. ConeWisconsin Supreme Court · 1870
- Randel v. YatesMississippi Supreme Court · 1873
- Waterbury v. McMillanMississippi Supreme Court · 1872
- Gulesian v. St. James Amusement Co.Massachusetts Supreme Judicial Court · 1921
- Janvrin v. FoggSupreme Court of New Hampshire · 1870
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