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7 Conn. 536

Brown v. Green

Supreme Court of Connecticut

Decided July 15, 1829

Supreme Court of Connecticut · decided 1829-07-15

in ERROR. Tins was a bill in chancery, brought by Brown against Green and Noyes, to set aside an award of arbitrators, and to stay proceedings at law on two promissory notes given to enforce performance of such award. Both the submission and the award were in writing, and were set forth at length in the plaintiff’s bill.

Good law ✅— No negative treatment on recordhow we know

Decided 1829-07-15

How this case has been cited

Cited by 11 later decisions — most recently March 1957

11 state decisions

3018291830184018501860187018801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bissell, J.

¶1It is apparent from an examination of the submission and the award, that the arbitrators did not mistake or exceed their powers. Every thing awarded on by them, is clearly within the terms of the submission. No corruption is imputed to them ; nor is it alleged, that the award was procured, by the fraud or misbehaviour of the adverse party. The gravamen of the plaintiff’s complaint, is, that the arbitrators found the facts, which form the basis of their award, upon insufficient testimony. But it is, surely, too late to contend, that an award is to be set aside, because the arbitrators have formed a false estimate of the weight of evidence, or have drawn incorrect conclusions from the facts before them. If this were so, the controversy, in every case, might be opened, and the merits of the award re-examined. This would be a departure from well settled principles, and directly opposed to the uniform course of decisions on the subject. The only grounds on which a court of chancery can interfere and set aside an award, are partiality and corruption in the arbitrators, mistakes on their own principles, or fraud and misbehaviour in the parties. Morgan v. Mather, 2 Ves. jun. 15. Tittenson v. Peat, 3 Atk. 529. Allen v. Ranney, 1 Conn. Rep. 569. Perkins & ux. v. Wing & al. 10 Johns. Rep. 143. It cannot be necessary to multiply authorities on a point so long and so well settled. I am of opinion, that there is nothing erroneous in the judgment of the superior court.

The other Judges were of the same opinion.

¶2Judgment affirmed.

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