Lallande v. Bonny
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This case turns upon an exception taken to the institution of suit, on the ground that it was premature. The exception is founded on a submission by the parties of the matters now in controversy to arbitrators, who, in case of disagreement, were authorized to choose an umpire.
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APPEAL PROM THE COURT OP THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This case turns upon an exception taken to the institution of suit, on the ground that it was premature. The exception is founded on a submission by the parties of the matters now in controversy to arbitrators, who, in case of disagreement, were authorized to choose an umpire. The parties entered into bond, on the 30th November, 1837, in the penal sum of three thousand dollars, binding themselves to abide by the decision of Samuel Hermann, jr., and James P. Freret, and their umpire, in case of disagreement. They…
1Opinion of the CourtRost, J.
*464The parties to this controversy, wishing to settle amicably certain differences existing between them in commercial operations on bank stocks, made on joint account, agreed in writing under the penalty of three thousand dollars, to abide by the decision of Samuel Hermann and James P. Freret, or of a third arbitrator chosen by them, in case they should not agree. The arbitrators first promised to act, and before being sworn, having received the statement of one of the parties, they had one or two conversations together on the subject, out of the presence of the parties, when finding that they…
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