Onion v. Robinson
Supreme Court of Vermont
This was an action of assumpsit on an award, appealed from a justice of the peace, in which the plaintiff declared that, certain differences having arisen between him and the defendant touching the sum of $50, which he alleged had been paid to the defendant by one Walker to the use of the plaintiff and one Wheeler, which sum the defendant contended he had paid to the plaintiff — the plaintiff and defendant had submitted themselves to the award of certain arbitrators, to be…
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This was an action of assumpsit on an award, appealed from a justice of the peace, in which the plaintiff declared that, certain differences having arisen between him and the defendant touching the sum of $50, which he alleged had been paid to the defendant by one Walker to the use of the plaintiff and one Wheeler, which sum the defendant contended he had paid to the plaintiff — the plaintiff and defendant had submitted themselves to the award of certain arbitrators, to be made between them, of and concerning said differences. The declaration thereupon alleged mutual promises to perform the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The motion to dismiss has not been urged in this court, and will be treated as having been rightly overruled. And under the modern practice in this state, the submission and award were properly admitted in evidence, without regard to their validity in point of law, since they were, in no respect, inconsistent with the declaration, and tended to support it If they were legally invalid, it was for reasons apparent upon the face of the declaration. It is contended that the arbitrators should have simply decided the fact, whether Robinson had paid…
2Cited by2 opinions
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Peter St. Martin & Co. v. ThrasherSupreme Court of Vermont · 1868