Hunt v. Wilson

Decided May 15, 1832

Superior Court of New Hampshire · decided 1832-05-15

Assumpsit, upon a note, dated July 13th, 1829, for $200, made by the defendant and one Stephen Wilson, payable to Levi Barnard, ox order, and, by him, endorsed to the plaintiff. The cause was tried here, upon the general issue, at May term, 1831, and a verdict taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case.

Cited by 2 later decisions — most recently December 1859

2 state decisions

Relies on Allen v. Watson

Cited in Bouvier (1914)’s definition of “Abide” · Bouvier (1914)’s definition of “Publication”

Good law ✅— No negative treatment on recordhow we know

Decided 1832-05-15

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By the court.

¶1It is said, in this case, that the submission might be revoked, by either party, at any time before the award was published to both parties.

¶2There is no doubt that the authority of an arbitrator *38may be revoked, provided, it be done before the authority is executed. 16 Johns. 205, Allen v. Watson; 7 East. 608, Milne v. Geatrix; 6 Bingham, 443, Green v. Pole; 1 Chitty’s Rep. 200, Aston v. George; 2 B. & A. 395, S. C; 1 Car. & Payne, 651, Brown v. Tanner; 4 B. & C. 103, Warberton v. Storr; 1 Bingham, 87, Clapham v. Higam; 5 Taunton, 452, King v. Joseph.

¶3But, in this case, the award was complete before the revocation. It was provided that the award should be •made, and published to the parties, on, or before, the 1st August, 1829; but sucha proviso does not imply a formal notification to the parties. Caldwell, 51. The authority of the arbitrator was executed before the revocation, and there must be,

¶4Judgment on the verdict.