The Law Reports (Volume 5); Court of Common Pleas (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 1809 In The Matteh Of An Arbitration Between FEARON And FLINN. "' Award?Excess of Jurisdiction?Ambiguity and Uncertainty. Matters in difference between A. and B. were by agreement referred to arbitrators or an umpire, the costs of the submission, reference, and award to be in their or his discretion. A. claimed about 30?.; B. denied that he was indebted in any sum. The arbitrators having differed, the umpire made his award in favour of A. for 6?. 5s. 2d., but directed him to pay B. his costs of the submission, and of the reference, and of the award, amounting to 13Z. 4s. 3d.:? JIM, that the fact of the umpire having awarded that the successful party should pay these costs was no ground for setting his award aside. Semble, that there was such ambiguity in the award as to what cosU were intended, a would have induced the Court to send the matter back to the umpire if asked to do so. Matters in difference between Fearon and Flinn relative to a loss on a cargo of coals were by an agreement of submission dated the 1st of June, 1869, referred to two arbitrators, and, in case of difference, to an umpire to be chosen by them. The agreement recited that Fearon claimed from Flinn 33?. 4s. as his share of the loss, and that Flinn " disputed that any such loss had occurred, and denied that he was indebted in any sum in respect thereof;" and it provided (amongst other things) that the costs of the agreement of submission and of the reference and award, should be in the discretion of the arbitrators or their umpire. The arbitrators differing, an award was made by the umpire on the 16th of July, 1869, whereby he awarded that Flinn should pay to Fearon the sum of 61. 5s. 2d., in satisfaction and discharge of all the matters in difference. The award as to costs was as follows:? "...