Robinson v. Moore
Superior Court of New Hampshire
Debt on an arbitration bond, in the common form, with the usual condition to submit, abide judgment, &c. It appeared that the parties agreed to submit the demand made by Moore against Robinson, which was annexed to the agreement of submission, to tbe determination of three arbitrators.
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Debt on an arbitration bond, in the common form, with the usual condition to submit, abide judgment, &c. It appeared that the parties agreed to submit the demand made by Moore against Robinson, which was annexed to the agreement of submission, to tbe determination of three arbitrators. The paper annexed was in these words: Daniel Moore, of Nashville, iu the county of Hillsborough, demands of William E. Robinson the building in which the said Robinson resides, and the barn belonging to the same. Also, one acre of land on which said buildings stand.” / The referees awarded that Moore recover of…
1Opinion of the CourtParker, C. J.
This is a very clear case of a departure from the authority conferred upon the arbitrators by the *480submission. The demand of the plaintiff was to recover an acre of land, with the buildings thereon. The only questions submitted to the arbitrators were, whether the plaintiff ought to recover, and if so to what extent. He might have shown himself entitled to but a part of the land. The referees might have awarded to him the buildings, or one of them, leaving the defendant in possession of - the rest of the property demanded. But no claim against Robinson for money was submitted, nor any claim of…
2Cases cited3 opinions
- Worthen v. StevensMassachusetts Supreme Judicial Court · 1808
- Walsh v. GilmorCourt of Appeals of Maryland · 1813
- Adams v. AdamsSuperior Court of New Hampshire · 1835