swarb.co.uk - law index
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Arbitration - From: 1800 To: 1849
This page lists 5 cases, and was prepared on 03 April 2018.
ÂNeale v Ledger [1812] EngR 321; (1812) 16 East 51; (1812) 104 ER 1008
3 Jun 1812
Arbitration
[ Commonlii ]
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Ross v Boards [1838] EngR 652; (1838) 8 Ad & E 290; (1838) 112 ER 847
24 May 1838
Land, Arbitration
A. agreed to purchase land of B., the title to he made out to the satisfaction of B.’s attorney. The agreement being uncompleted, and disputes arising, all matters in difference between the parties, and the settlement of all questions on tbe agreement, were referred to arbitration. The arbitrator awarded that B. should convey to A. the title to the above land, contained in two abstracts given in evidence on the arbitration ; he also prescribed the boundary of the land so to be conveyed, and ordered that B. should execute an indemnity bond to A., to be forfeited if A. should be evicted by reason of defect in the title ; and that, on execution of the premises, A. should pay the purchase-money. Nothing further was awarded as to the validity of the title. The goodness of the title had been a matter of dispute before the arbitrator. Held, that the award was bad, as not finally determining tho questions referred.
[ Commonlii ]
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Jephson And Another v Howkins And Another [1841] EngR 304; (1841) 2 Man & G 366; (1841) 133 ER 787
27 Jan 1841
Arbitration
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.
[ Commonlii ]
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Brown v Nelson [1844] EngR 985; (1844) 13 M & W 397; (1844) 153 ER 165
19 Nov 1844
Arbitration
The costs of witnesses examined before an arbitrator on a reference of a cause, to prove the issues in the cause, are not costs in the cause, but costs of the reference.
[ Commonlii ]
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Chuck v Cremer [1848] EngR 256; (1846-1848) 2 Ph 477; (1848) 41 ER 1028
9 Feb 1848
Arbitration
Where an action is referred by an orcler at nisi prius this Court has no jurisdiction to interfere with the certificate of the referee or the judgment entered to pursuant thereto, on any ground on which it would not have such jurisdiction if the judgment had been obtaitied in the ordinary course upon the verdict of a jury
1 Cites
[ Commonlii ]
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