Michigan Supreme Court, 1878

Elliot v. Hanson

Michigan Supreme Court · Decided June 21, 1878 · Campbell, Other

39 Mich. 157; 1878 Mich. LEXIS 244

Cases that cite this one

2 later published cases cite this decision.

Patrick v. Batten (Mich. 1900)
Allstate Insurance v. Fisher (Ill. App. Ct. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Campbell, C. J.

In this case a bond for arbitration was conditioned for the performance of an award to be made on or before the 3d day of August, 1872, at ten o’clock in the forenoon. The award was not made until the afternoon of that day, and the submission and hearing were begun after that hour. Suit being brought-on the bond it was held by the court below that no recovery could be had on it for the non-performance of the award.

*158No question arises upon its legality between the parties, but only as to whether the bond covers it. We find no authority for disputing the correctness of the ruling of the circuit court. The point was passed upon and decided in the same way in Freeman v. Adams, 9 Johns., 115, and Bloomer v. Sherman, 5 Paige, 575. If the party has any remedy it must be on the award and the action of the two litigants in consenting to and taking part in the actual submission. Upon this we need not now decide.

The judgment must be affirmed with costs.

The other Justices concurred.

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