Morse v. Hale
Morse v. Hale
Opinion of the Court
The opinion of the court was delivered by
It is a well settled rule of the law of arbitration, that if two entire subject matters are submitted, and only one of them awarded upon, the award is not binding, on the ground that it is probable that the party might not have agreed to submit one alone. This applies with peculiar force, when the claims are upon different sides of the submission, and especially in a case like the present, where there are mutual law suits between the parties. It is scarcely supposable that the defendant, in this case would have submitted the plaintiff’s suit and not his own. And as no award was made upon the defendant’s suit, we think it must be regarded, that the award is not such, as the submission contemplated. It is wanting in finality. The case of Randall v. Randall, 7 East. 81, is very much in point, upon this question.
Judgment affirmed.
Reference
- Full Case Name
- James Morse v. Sprague T. Hale
- Cited By
- 2 cases
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- Published
- Syllabus
- If two entire subject matters are submitted to arbitrators and only one of them is awarded upon, tbe award will not be binding. The plaintiff bad commenced a suit against tbe defendant for hoisting tbe plaintiff ’s mill gate and tbe defendant bad commenced a suit against tbe plaintiff for raising bis mill dam and thereby flowing tbe defendant’s land. Both suits and all matters involved in them, were submitted by tbe same submission, to three referees, who beard tbe evidence in reference to each suit separately, and agreed upon and made an award in favor of tbe plaintiff in reference to bis suit, but did not agree, respecting tbe defendant’s suit, in reference to which an award was made and signed by two only of tbe arbitrators. Held that tbe award in tbe plaintiff’s favor was wanting in finalit3r, and invalid.