Clarke v Crofts
| Jurisdiction | England & Wales |
| Court | Court of Common Pleas |
| Judgment Date | 11 May 1827 |
| Date | 11 May 1827 |
English Reports Citation: 130 E.R. 722
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 12 Moore, 349; 5 L. J. C. P. (O. S.) 127.
[143] clarke i . crofts. May 11, 1827. : [S. C. 12 Moore, 349; 5 L. J. C. P. (O. S.) 127.] The authority ojf an arbitrator under a rule of court, which empowers him to deliver hii award to phe parties or their executors, does not determine by the death of one of'the parties; before the award is executed. In this case a verdict had, by consent, been entered, June 17, 1826, for the Plaintiff, subject to the award of an arbitrator appointed under a rule of Nisi Prius, with power to settle all matters in difference between the parties, and to direct what should be done by either party respecting the matters in difference, the parties agreeing to obey the award, so as the arbitrator should publish it in writing, ready to be delivered to the parties, or either of them, or if either of them should be dead before the making of the award, then to their respective personal representatives who should require the same on or before the fourth day of Michaelmas terra then next, or any other day to which the time should be enlarged. 4 BING. 144. CLARKE V. CROFTS 723 The Plaintiff died on the 14th of August, before the arbitrator published his award. The Plaintiff's executrix then called on the arbitrator to proceed with the reference, and the Defendant objected. The arbitrator having enlarged the time, published his award in favour of the Plaintiff. Wilde Serjt., on the part of the Defendant, moved to set aside the award, on the ground, among other objections, that by the death of the Plaintiff the...
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Wilson v Brett
...competent skill, which here becomes immaterial, since it appears that the defendant has it. UM.:&W.li8. MACKINTOSH V. MARSHALLClarke v. Crofts, 4 Bing. 143; 12 Moore, 349. Ex. Div. vm.-24 '738 WILSON V. BRETT 11M.&W.1H. to wit, &o., to be by the defendant shewn to a, certain per......
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Harding v Wickham
...misconduct of the arbitrator, not even if it amounted to corruption. It was held in Veale v. Warner (1 Wms. Saund. 327Jones (3 B. & C. 144), Clarke v. Crofts (4 Bing. 143), Leioin v. Holbrook (11 M. & W. 110). The reference contains a declaration that the order should be made a rule of Cour......
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Tucker and Others, Assignees of Gilbert, a Bankrupt, v Francis
...deemed sufficient, and that the bankrupt might be esteemed for this purpose the agent of the assignees. In Oresswell v. Lovell (8 T. E. 418130 E.R. 722 IN THE COURT OF COMMON PLEAS, AND OTHER COURTS Tucker and Others, Assignees of Gilbert, a Bankrupt and Francis [142] tucker and others, Ass......
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Macdougall, Gent. one, Company, v Robertson and Another
...sound distinction, and to be reconcileable with all the decisions. In Tyler v. Jonea (4 D. & R. 740; 3 B. & C. 144), and Clarke v. Crofts (4 Bing. 143), verdicts were entered for the plaintiffs, subject to the [23] award. And although, by the common law, the death of either of the p......
