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50 N.C. 298

Masters v. . Gardner

Supreme Court of North Carolina

Decided June 5, 1858

Supreme Court of North Carolina · decided 1858-06-05

ActioN of Debt, tried before Caldwell, J., at the last Spring Term of Craven Superior Court.

Decided 1858-06-05

Pearson, J.

¶1 "We concur with 1ns Honor, that whether the two mules were the private property of Samuel Masters or belonged to the copartnership, was a question embraced within the terms of the submission, and the parties were concluded, in respect thereto, by the award. It would seem to be a matter of course that when arbitrators are chosen to settle a copartnership, it is for them to say what does or does not constitute a part of the copartnership effects. Unless they have authority to settle this question, it would be impossible to make a settlement. Brown v. Brown, J Jones’ Rep. 126, is decisive of this point.

¶2 Per Curiam. Judgment affirmed.

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