Thompson v. Turney Bros.
Missouri Court of Appeals
Appeal from Platte Circuit Court. — Hon. Alonso D. Burnes, Judge. (1) The motion to dismiss on account of alleged submission to arbitrate should have been overruled: First, because there was no submission; second, no arbitrators were chosen and no tribunal constituted; third, one arbitrator, appointed by defendant was interested and incompetent; fourth, the whole controversy was not attempted to be submitted.
Read the full summary
Appeal from Platte Circuit Court. — Hon. Alonso D. Burnes, Judge. (1) The motion to dismiss on account of alleged submission to arbitrate should have been overruled: First, because there was no submission; second, no arbitrators were chosen and no tribunal constituted; third, one arbitrator, appointed by defendant was interested and incompetent; fourth, the whole controversy was not attempted to be submitted. The effect of the agreement to arbitrate discontinued the cause pending in the circuit court, simultaneously with its signing. It divested the circuit court of jurisdiction and vested…
1Opinion of the CourtBroaddus, P. J.
While this suit was pending in the circuit court, the respective parties, on the 17th day of June, 1903, entered into a written agreement to arbitrate the matter in dispute. It was agreed that plaintiff was to select one of the arbitrators, the defendants one, and the two thus selected should select the third one. The date for the arbitration was fixed for the 27th day of the same month. It was a part of the agreement that the cost of the arbitration and also the cost of the suit should abide the result of arbitration. The defendants selected one S. S. Stone as their arbitrator and the…
2Cases cited3 opinions
- Bowen v. LazalereSupreme Court of Missouri · 1869
- Hyatt v. WolfeMissouri Court of Appeals · 1886
- Johnson v. Phoenix InsuranceMissouri Court of Appeals · 1897
3Cited by2 opinions
- Barnett v. Elwood Grain Co.Missouri Court of Appeals · 1911
- Ferrell v. FerrellSupreme Court of Missouri · 1913