Hartwell v. Penn Fire Ins.
Hartwell v. Penn Fire Ins.
Opinion of the Court
If the plaintiff has a defence to the. award, it is available in equity only; for the settled doctrine in this state is, that a written common-law award upon a' written submission cannot be disputed in an action upon it at law for any error or defect not apparent upon the record, — that is to say, the submission and award (Truesdale v. Straw, 58 N. H. 208) ; and if it cannot be so impeached when it is the subject of an action, there is no ground for holding that it can be when pleaded as a defence.
The plaintiff is therefore entitled to recover only the amounts confessed, with costs t.o the filing of confession, and the defendants will take costs since.
Ordered accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.