Legal Opinion

Blood v. Shine

Supreme Court of Florida

Decided January 15, 1848PublishedCited by 3 opinions

Error to Leon Circuit Court where this case was tried before Judge Baltzell. The Court erred in refusing to admit the award in evidence and in deciding that it was void upon its face. « The award of the umpire Argyle is a valid award. He adopted the statement of accounts made and agreed to by the arbitrators, and proceeded to decide the other items about which the arbitrators disagreed. Having added both the sums together, he awards the total amount to the plaintiff.

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Error to Leon Circuit Court where this case was tried before Judge Baltzell. The Court erred in refusing to admit the award in evidence and in deciding that it was void upon its face. « The award of the umpire Argyle is a valid award. He adopted the statement of accounts made and agreed to by the arbitrators, and proceeded to decide the other items about which the arbitrators disagreed. Having added both the sums together, he awards the total amount to the plaintiff. This the umpire had a right to do, and had he done otherwise he would have deviated from the usual practice in such cases. See…

1Opinion of the Court

Douglas, Chief Justice,

delivered the following opinion:

This is an action of debt upon an arbitration bond by which the parties agreed to submit to the arbitrament and award of certain persons therein named, all and all manner of actions, cause or causes of action, bills, bonds, agreements, deeds, accounts, quarrels, controversies and demands whatsoever at any time or times theretofore, *131bad, made, brought, prosecuted, done, suffered, committed or depending, by or between the said parties or either of them, of and concerning a partnership in a certain brick yard and the profits and losses…

2Cases cited6 opinions

  1. Karthaus v. Yllas Y FerrerSupreme Court of the United States · 1828
  2. Jackson ex dem. Van Alen & Van Alen v. AmblerNew York Supreme Court · 1817
  3. M'Kinstry v. SolomonsNew York Supreme Court · 1806
  4. Richards v. Brockenbrough's administratorSupreme Court of Virginia · 1823
  5. Byers v. Van DeusenNew York Supreme Court · 1830

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Beach Resorts Intern. v. Clarmac Marine Const.District Court of Appeal of Florida · 1976
  2. Barnard v. Lancashire Ins. Co. of ManchesterCourt of Appeals for the Eighth Circuit · 1900
  3. Russell v. SmithIndiana Supreme Court · 1882

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