Hodges v. Hodges
Massachusetts Supreme Judicial Court
Error upon a judgment of the Common Pleas for this county, rendered December, 1808, between the sáme parties. In the original action, the plaintiff in error demanded payment of a promissory note made to him by Abijah Hodges, the defendant’s testator, for 270Z. lawful money.
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Error upon a judgment of the Common Pleas for this county, rendered December, 1808, between the sáme parties. In the original action, the plaintiff in error demanded payment of a promissory note made to him by Abijah Hodges, the defendant’s testator, for 270Z. lawful money. In that action, a rule was entered into by the parties, referring the said action and all demands to the determination of three referees, and agreeing that final judgment should be entered upon the report of the three, or of any two of them. The referees reported that they had notified, met, and heard the parties to the…
1Opinion of the Court
By the Court.
Non constat that the defendant’s account was ever laid before the referees. If it was not, they could not arbitrate upon it. The agreement of the parties, evidenced * by the rule of the Court, was then so far not executed; and notwithstanding the general report of the referees, the defendant, if not otherwise precluded, may yet have his action upon the account filed by him, but on which the referees have not awarded. The judgment of the Common Pleas is affirmed, with costs for the defendant in error. (2)
Vide Webster vs. Lee, 5 Mass. Rep. 934.
2Cited by13 opinions
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Kleine v. CataraU.S. Circuit Court for the District of Massachusetts · 1814
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
- Louison v. FischmanMassachusetts Supreme Judicial Court · 1960
- Jones v. . WelwoodNew York Court of Appeals · 1877
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