References: , [1841] EngR 304, (1841) 2 Man & G 366, (1841) 133 ER 787
Links: Commonlii
In an action upon a bond, the condition of which was, for the honest and faithful service of a banker’s clerk, three breaches were assigned, viz, general misconduct, irregular and unbusinesslike conduct, and not faithfully accounting. An arbitrator to whom the cause was referred found specially that, on a certain day, the clerk made an erroneous balance sheet, failing to exhibit, as it should have done, a surplus of 100l, but that there was no proof that such sum came to the hands of the clerk: and also that, on another occasion, the clerk having received from a customer 213l, entered it in the books of the bank as 113l, exhibiting on that day’s balance sheet a false and unaccounted for surplus of 100l. : Held, that these facts did not shew conclusively that the condition of the bond had been broken, so as to call upon the court to interfere with the inference drawn by the arbitrator. An arbitrator to whom a cause was referred, with liberty, if he should think fit, to report specially to the court, set out in his award a long statement of the evidence, leaving the court to draw inferences of fact : Held, that this was not a due exercise by the arbitrator
of the authority intrusted to him.
Last Update: 22-Dec-15 Ref: 308482