General

Nicholas Thornton v. Charles T. Chapman

2 D.C. 2442 Cranch 244·United States Circuit Court of the District of Columbia·1821

(ThRüston, J., absent,)

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Opinion

Nicholas Thornton v. Charles T. Chapman. An umpire must give notice to the parties, and to the arbitrators of the time and place of his proceeding to act upon the subject submitted. Debt upon the award of an umpire. Mr. Taylor, for the defendant, objected at the trial, that the umpire had given no notice to the defendant, or to the arbitrators of the time and place of his proceeding to act upon the matter submitted. [MAJORITY — The CottRT] The CottRT (ThRüston, J., absent,) was of opinion, and instructed the jury, that the award would not support the plaintiff's action, if they should be of opinion from the evidence, that the defendant had no notice, &c.' Non pros.