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1 Lock. Rev. Cas. 29

Elmendorf v. Harris

Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01

The Supreme Court held, in a suit against a surety in an arbitration bond, that where a submission in writing had been made, (before the Rex'. Held: in a suit against a surety in an arbitration bond, that where a submission in writing had been made, (before the Rex'.

Decided 1799-07-01

¶1The Court of Errors, held, however, that this award, made without notice of the hearing before the umpire to the losing party was void ; that an umpire cannot be appointed by parol, where, as in this case, it was expressly agreed, that the submission should be made a rule of Court under the statute:—though it would be good if it had been a mere common law arbitration. Per Chancellor, W. delivering the opinion of the Court

¶2Judgment reversed 18 to none.

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