Phelps v. Dolan
| Decision Date | 30 September 1874 |
| Citation | 1874 WL 9195,75 Ill. 90 |
| Parties | AARON N. PHELPSv.PETER DOLAN et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Knox county; the Hon. ARTHUR A. SMITH, Judge, presiding.
Messrs. WILLIAMS, MCKENZIE & CALKINS, for the appellant.
Messrs. DOUGLAS & HARVEY, for the appellees.
This is an appeal from a judgment of the circuit court of Knox county, reversing a judgment of the county court of that county.
The facts upon which the judgment in the county court was rendered are these: Phelps, the appellant, and one Nash, submitted certain matters in dispute between them to two persons, one, Holyoke, selected by Phelps, and the appellee Dolan, selected by Nash. Before the matters in dispute were acted upon by the arbitrators, Phelps deposited $40 with Holyoke, as security for the payment of any award which might be rendered against him; and Nash not having the money at the time, Dolan agreed to pay $40 for him on any award which he might be required to pay. The arbitrators awarded that Nash should pay Phelps $15. Holyoke then returned him the $40 which he had deposited, and Dolan also paid him, through Holyoke, $15, the amount of the award. Phelps, being dissatisfied with the award, claiming that the arbitrators had improperly included an account in favor of Nash, for wheat, of $9, brought this suit against the arbitrators, of whom Dolan alone was served with process, and, in the county court, recovered judgment against him for that amount. The judgment of the circuit court reversed that of the county court, and remanded the cause back to the county court.
Even if an appeal could properly lie to this court from such a judgment, we are unable to perceive any ground upon which the present judgment should be reversed.
The judgment of the county court was clearly erroneous, and the circuit court properly reversed it.
The parol submission and the award were valid and binding upon the parties as a common law arbitration. Smith v. Douglas, 16 Ill. 34. The fact that the arbitrators held funds in their hands to pay, to whomsoever they should find entitled, the amount of their award, did not change the character of the arbitration and make it something else. As to this fund, they may be regarded as trustees, but the trust was fully discharged when they paid out the fund they held, pursuant to the terms of the agreement by which they held it; that is, in...
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Casstevens v. Casstevens
...be binding upon the parties who signed the agreement as a common-law submission to arbitration. Eisenmeyer v. Sauter, 77 Ill. 515;Phelps v. Dolan, 75 Ill. 90;Smith v. Douglass, 16 Ill. 34; 2 Am. & Eng. Ency. of Law (2d Ed.) 540. The evidence as to what these arbitrators or commissioners act......
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Wilmington Water-Power Co. v. Evans
...It may be true that, as a general rule, a parol submission to arbitrators is good at common law. Smith v. Douglass, 16 Ill. 34;Phelps v. Dolan, 75 Ill. 90. It is claimed for the award by the appellant that it vested in the Kankakee Company the right to overflow the land of Patrick Judge, th......
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Lilley v. Tuttle
... ... arbitrate is valid, and so is a parol award, as to matters ... submitted as a common-law arbitration. Smith v. Douglass, 16 ... Ill. 34; Phelps v. Dolan et al., 75 Ill. 90; Kelley et al. v ... Adams et al., 120 Ind. 340, 22 N.E. 317; [52 Colo. 128] Winne ... v. Elderkin, 2 Pin. (Wis.) 248, ... ...
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Schoolnick v. Finman
... ... Jones v. Dewey, 17 N.H. 596, ... 598; Gay v. Waltman, 89 Pa. 453, 456; Philbrick ... v. Preble, 18 Me. 255, 36 Am.Dec. 718; Phelps v ... Dolan, 75 Ill. 90 ... A ... submission to arbitration is an agreement by the parties that ... the decision of the arbitrators ... ...