Weed v. Ellis
New York Supreme Court
DEBT on an arbitation bond entered into with the plaintiff, by which he, as guardian of Eber Weed, submitted to three indifferent persons, all things relating to a suit brought by him, in the same capacity, against the defendant for assaulting and falsely imprisoning said Eber Weed.
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DEBT on an arbitation bond entered into with the plaintiff, by which he, as guardian of Eber Weed, submitted to three indifferent persons, all things relating to a suit brought by him, in the same capacity, against the defendant for assaulting and falsely imprisoning said Eber Weed. Plea, nul agard; to which the plaintiff replied, setting forth an award, reciting that they, the arbitrators, being “ named “ by and between Eber Weed, by his guardian, Noah Weed, “ of, &c. and Caleb Ellis, of, &c. did award, that Caleb Ellis “ should pay to Noah Weed, guardian of Eber Weed, the sum “ of $H2, and…
1Opinion of the Court
Per curiam, delivered by
Livingston J.
The first objection to this award is founded on a want of power in the guardian to submit. Hence it is said, the award is not mutual, and the infant’s rights not concluded.
It is difficult to conceive how it should ever have been doubted whether guardians had this power, or whether they were not bound by their bond, or whether an award *256under these circumstances, did not put an end to ail controversies submitted between the infant and other party. That an infant himself should not bind himself in this way, is right, but for this very reason, a power should…
2Cited by5 opinions
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