Supreme Court of North Carolina, 1858

Masters v. . Gardner

Masters v. . Gardner
Supreme Court of North Carolina · Decided June 5, 1858 · Pearson
50 N.C. 298

Masters v. . Gardner

Opinion of the Court

Pearson, J.

"We concur with 1ns Honor, that whether the two mules were the private property of Samuel Masters or belonged to the copartnership, was a question embraced within the terms of the submission, and the parties were concluded, in respect thereto, by the award. It would seem to be a matter of course that when arbitrators are chosen to settle a copartnership, it is for them to say what does or does not constitute a part of the copartnership effects. Unless they have authority to settle this question, it would be impossible to make a settlement. Brown v. Brown, J Jones’ Rep. 126, is decisive of this point.

Per Curiam. Judgment affirmed.

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