Atkinson v. Townley

Decided November 15, 1795

Supreme Court of New Jersey · decided 1795-11-15

THIS was a motion to set aside the award of arbitrators. who stated he came “ into the room and found Atkinson alone “ with one of the referees, and his books and papers opened “ before the referee: that he complained to the referee of it “ who answered &c.” This was the only evidence adduced to prove the corruption or unfairness alleged.

Cited by 2 later decisions — most recently April 1978

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1795-11-15

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Per Curiam.

¶1This is a motion to set aside an award on the ground that one of the referees admitted an exparts hearing.

¶2It appears the referees had met in the performance of their business^ — both parties had access to them. The affidavit of Atkinson and the reteree negative the idea of secrecy, and «« as far as they can remember,55 deny the very facts sworn by Townley. The affidavit of the defendant, on the face of it, does not raise more than a suspicion, certainly does not prove 'partiality or corruption. Awards should not be set aside on the suspicion of the interested party. If the affidavit had been full and explicit, we do not think the uncorroborated affidavit of the party against whom the award is given 'Would be sufficient to justify us in setting it aside.

¶3Rule discharged with costs.