Carter v. Sams
Carter v. Sams
Opinion of the Court
This was an action of trespass on the case, plea, general issue. Under a rule of court the differences in the cause were referred to six arbitrators and their award, or the award of a majority was to be the judgment of the court. In the vacation, the plaintiff and the defendant agreed to substitute two other arbitrators in the place of two of those named in the rule of reference. The award was made and signed by four of the original arbitrators, and also by the two appointed by the parties in the vacation. The plaintiff, under the rule of court, moved for judgment. The defendant filed several exceptions to the award. First, because it was made by part of the arbitrators acting with other persons. This exception was overruled by the court, and we think it was correctly overruled. In Saulsby v. Hodgson, 3 Burr. Rep. 1474, the arbitrators were to choose an umpire, in case they themselves could not agree in a limited time. They did not agree within the limited time, but chose an umpire. The umpire accordingly made an award and they joined in it. The court were clear that this was the umpirage of the umpire alone. He was at liberty to take what advice or opinion or assessors he pleased. In Beck v. Sargant, 4 Taunt. Rep. 233, the court held the same doctrine. Mansfield, Ch, Justice, said it was no more than if mere strangers had joined in the award, which could not vitiate. Heath, J. It has been
Per Curiam. Judgment affirmed.
Reference
- Full Case Name
- ABRAHAM CARTER v. EDMUND SAMS
- Status
- Published