Robinson v. Morse
Supreme Court of Vermont
Assumpsit. The declaration counted upon two promissory notes. The defendant plead that after the making of the supposed promises, and before the commencement of this suit, on the 28th of November, 1851, a controversy had arisen and was existing between the plaintiff and the defendant of and concerning the settlement of book accounts and all other deal and disputes betfreen them, for the adjusting of which they by their mutual agreement in writing, and under seal, agreed to…
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Assumpsit. The declaration counted upon two promissory notes. The defendant plead that after the making of the supposed promises, and before the commencement of this suit, on the 28th of November, 1851, a controversy had arisen and was existing between the plaintiff and the defendant of and concerning the settlement of book accounts and all other deal and disputes betfreen them, for the adjusting of which they by their mutual agreement in writing, and under seal, agreed to submit all of said controversy which they could not settle themselves, if any there should be, to the decision and…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
It depends' a good deal upon construction what the issue in this case is. The parties in drawing it up seem to have followed a good deal the phraseology of the submission. This in its preamble recites that “ whereas, a controversy is now existing concerning the settlement of book accounts and all other deal and disputes between them, the said parties.” And the submission is “ of all said controversies which we cannot settle ourselves, if any there be.” These very terms are introduced into the pleadings. And the issue seems to be,…
2Cases cited2 opinions
- Robinson v. MorseSupreme Court of Vermont · 1854
- Briggs v. BrewsterSupreme Court of Vermont · 1850