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21 F. Cas. 388

Sangster v. Quantrill

U.S. District Court

Decided January 23, 1841

U.S. District Court · decided 1841-01-23

This was an action of debt upon an award in favor of plaintiff made by arbitrators, in a controversy between plaintiff and defendant. The following is the agreement submitting the claims of the parties: “It is agreed between Tlios. Sangster and Thos. Quantrill, that they refer their business to the arbitrament of T. L. Thurston and Wm.

Decided 1841-01-23

THE COURT

¶1gave the instruction as prayed, and there was a verdict for plaintiff for the amount of the award.

¶2The defendant, by his attorney moved for a new trial because of misdirection in a matter of law by the court to the jury.

¶3Mr. Marbury cited Green v. Pole, 6 Bing. 443, and 4 Moore & P. 198.

¶4Plaintiff, who had taken a verdict subject to an award under an order at nisi prius, after the case had been heard, and just before the award was about to be made, revoked the arbitrator’s authority, with circumstances savoring of mala fides, and gave fresh notice of trial.

¶5Mr. Morfit, contra, cited Dorsey v. Jeoffray, 3 Har. & McH. 121. No reasons good to set aside an award but those mentioned in the act of Maryland of 1778 (chapter 21, § 9), or which are apparent on the face of the award.

¶6THE COURT, after hearing argument overruled the motion.

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