Harrison and Another, Executors of R J R Campbell, Deceases, v Lay
| Jurisdiction | England & Wales |
| Judgment Date | 12 February 1863 |
| Date | 12 February 1863 |
| Court | Court of Common Pleas |
English Reports Citation: 143 E.R. 209
IN THE COURT OF COMMON PLEAS AND EXCHEQUER CHAMBER
harrison and another, Executors of K. J. R. Campbell, Deceased, v. lay. Feb. 12th, 18G3. By bond of submission dated the 19th of March, 1859, it was referred to an arbitrator to determine of and concerning all matters of accounts then pending between A. ajid B. The arbitrator, by his award, reciting the submission, awarded " of and concerning the premises," that, "up to the 31st of October, 1857 the accounts between A. and B., in reference to the Wouldham Court Farm, were adjusted, and that the balance then due from A. to B. amounted to 43141. 14s. lOd. ; and that no partnership existed betwem A. and B. in respect of the mill Wouldluim Court Fann*:" and he further awarded "that A. do pay to B. the sum of 7811. 5s. .'id., the amount due from him in respect of the Wouldham Court Farm aforesaid ; and that the said A. do pay to i;he said B. the sum of 11371. 17s. due from him to B. in respect of shares in the Wouldham Cement Company, ami that, mi payment of such last-mentioned sum, the said B. do deliver to tiie said A. 118 diares in tbe said IVouldham Cement Company held by him as collateral security for the said sum."-In an action brought by the executors of B. to enforce payment of the two sums so awarded,--Held, that the award was not tucertain, and that the arbitrator had not exceeded the authority given to him by the submission, in awarding that no partnership existed between A. & B., or that the shares held by B. as collateral security for the 11371. 17s. should be delivered up to A. on payment of that sum. This was an action upon a bond for 20001. given by the defendant to the testator in -his life-time, on the Iftth of March, 1859. Plea,-that the said writing obligatory was and is subject to a certain condition, which was and is to the [529] tenor following, that is to say,-" Whereas, differences have arisen aod are subsisting between the above-bounden M. J. Lay and the above-named R, J. B. Campbell, and there are divers accounts now subsisting and unsettled 210 HARRISON V. LAY 13 C. B. (N. S.) 530. between them the said M. J. Lay and R. J. R. Campbell: And whereas, it has been agreed that, immediately upon the execution of the above-written bond or obligation, all such differences and disputes as aforesaid and such unsettled accounts as aforesaid shail be referred to the hearing, arbitrament, and determination of John Yates, of, &c.: Now, the condition of the above-written bowl or obligation is such that, if the above-bouudeu M. J. Lay, his heirs, executors, and administrators, on his and their part and behalf should in all things well and truly obey, abide by, and perform the award, order, arbitrament, judgment, and final determination of the said John Yates, indifferently elected and named as well on the part arid behalf of the above-bounden M. J. Lay as of the above-named R. J. R. Campbell, to award, order, arbitrate, judge, and determine of and concerning all 'matters of accounts nmu pending between the said M. J. Lay and R. J. / '. Campbell, so as the said award be made in writing under the hand of the said John Yates and ready to be delivered to the said parties in difference, or thair respective executors or administrators, as shall desire the same, on or before the 16th of April next, or such other time as the said arbitrator may from time to time appoint, then the above-written bond or obligation shall be void and of no effect: And the said M. J. Lay and R. J. R. Campbell do hereby agree that this submission shall or may be made an order or rule of Her Majesty's court of Queen's Bench at Westminster at the instance of either of the said M. J. Lay and R J. R. Campbell, his executors or administrators, and that the said arbitrator...
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