Rand v. Redington
Superior Court of New Hampshire
In Equity. The bill stated that on the 18th January, 1834, Ebenezer Eaton obtained from the U. S. government a certificate entitling him to a pension of $8.00 per month, and that in March, 1834, ho presented it to Hamlin Rand, and desired him to draw the necessary papers for procuring the first instalment, then due ; which Rand did, and advanced to him $13, the amount of the instalment, wanting sixty-seven cents, retained by him for his charges.
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In Equity. The bill stated that on the 18th January, 1834, Ebenezer Eaton obtained from the U. S. government a certificate entitling him to a pension of $8.00 per month, and that in March, 1834, ho presented it to Hamlin Rand, and desired him to draw the necessary papers for procuring the first instalment, then due ; which Rand did, and advanced to him $13, the amount of the instalment, wanting sixty-seven cents, retained by him for his charges. Eaton then remarked, that before the next instalment would be due, in September following, he should want goods, grain, cash, &c., of Rand, on…
1Opinion of the CourtUpham, J.
In all cases of fraud, mistake, or accident, courts of equity may, in virtue of their general jurisdiction, ■interfere to set aside awards. 2 Story’s Eq. 675.
This power is sometimes exercised by courts of common ’law, in cases of corruption and gross partiality of the arbitrators, where the submission is by rule of court. 3 Johns. 367, Barlow vs. Todd; 9 Ditto 212, Cranston vs. Kelly; 5 Cow. 425, McKinney vs. Newcomb; and in Massachusetts, corruption or gross mistake of arbitrators may be shown in defence against an action on an award. 4 Pick. 192, Brown vs. Bellows; 6 Pick. 269, Bean vs.…
2Cases cited8 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Andrews v. King CountyWashington Supreme Court · 1890
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- Barlow v. ToddNew York Supreme Court · 1808
- Williams v. CraigSupreme Court of the United States · 1788
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3Cited by3 opinions
- Bean v. WendellSuperior Court of New Hampshire · 1851
- Furber v. ChamberlainSuperior Court of New Hampshire · 1854
- Tracy v. HerrickSuperior Court of New Hampshire · 1852