Carey v. Wilcox
Superior Court of New Hampshire
Debt upon a bond. The defendant craved oyer of the bond, and also of the condition, which was as follows. “ The condition of this obligation is such, that if the above bound C..Wilcox shall, well and truly, stand to, obey, perform, fulfil and keep the [award, order, arbitrament and final determination of E. S., J. H. and R. S. elected and named to arbitrate and award, order, judge and determine of and concerning all, and all manner of, actions, suits, bills, bonds,…
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Debt upon a bond. The defendant craved oyer of the bond, and also of the condition, which was as follows. “ The condition of this obligation is such, that if the above bound C..Wilcox shall, well and truly, stand to, obey, perform, fulfil and keep the [award, order, arbitrament and final determination of E. S., J. H. and R. S. elected and named to arbitrate and award, order, judge and determine of and concerning all, and all manner of, actions, suits, bills, bonds, specialties, judgments, executions, extents, quarrels, controversies, trespasses, damages and demands whatsoever, at any time…
1Opinion of the CourtRichardson, C. J.
delivered the opinion of the court.*
When an award has been made in pursuance of a submission, by which the title to real estate has been left to the determination of the arbitrators, we consider the determination to be conclusive, between the parties, as to the title. 3 Cowen, 70, Brown v. Hankerson; 7 ditto, 185, Mitchell v. Bush; 7 Cranch, 171, Davy's executor v. Faw: *1806 Pick. 148; 9 Johns. 43, Jackson v. Delong; 15 Johns. 197, Sellick v. Addams; ibid, 497, Shepherd v. Ryers; Caldwell on Arbitration, 102 & 1; Kyd on Awards, 55—63; 4 Pick. 507; 5 Cowen, 383; 2 ditto 638; 1 ditto, 117.
Whenever…
2Cases cited3 opinions
- Davy's Executors v. FawSupreme Court of the United States · 1812
- Sellick & Sellick v. AddamsNew York Supreme Court · 1818
- Jackson ex dem. Stanton v. De LongNew York Supreme Court · 1812
3Cited by5 opinions
- Akely v. AkelySupreme Court of Vermont · 1844
- Hobbs v. CramSuperior Court of New Hampshire · 1850
- Furber v. ChamberlainSuperior Court of New Hampshire · 1854
- Hale v. HandySuperior Court of New Hampshire · 1853
- Pike v. GageSuperior Court of New Hampshire · 1854