The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1890-10-31
CTATE OF W., Orange Co., IS.

court, brought his bill OF complaint against Aonzo
Gage Of Manchester in the county Of Hsborouph ant
state Of New Hampshire setting forth in substance tina
the said complainant and the defendant had been fol
several years before November a8th 1887 engaged a.
partners in various specula!ons and kinds Of business
to wit: In buying and selling cattle, sheep and swine
and in buying and shipping to New Hampshire anc
Massachusetts and to other markets. potatoes and Other
produce acting opartners in all such business un
der agreement that the defendant should furnish the
money to be used in such buying and shipping of pota
toes and the do certain labor and other thing.
his share Of the capital to offset the money Of the
defendant be used aforesaid, and each to share
equally in the profits and losses Of the business ae,
paying all cash expenses and OUTLAWS; that the orator
and defendant continued in such business for some
time when they mutually agreed to end and close up
said part ershp business and did end all their said
business sometime in the spring summer of 1887
that they attempted to settle their said partnership bust
ness but could agree to several items of money
claimed have been paid and received BY each Of
said partners and did not settle adjust the same be-
them; and also there was on and before Noyem-
Der aSth, 1887 certain disputes and disagreemens be.
the and defendant matters of deal out
side Of said partnership bsness that on or about said
aSth day OF November, 1887 the orator and defendant
mutually agreed submit all of their matters of differ
ence to the final arbitrament and award of John c.
Steans and Edwin X. Adrch, both Of said Bradford;
that said submission was by paro and both parties
and made their respective claims before said arbtratos,
who heard and finally decided said matters and made
their award verbally and decided and awarded that the
said Harwel should pay the said Gage the sum Of one
hundred and thrtysix and Sc dollars; of this sum
the sum OF one hundred and six and 6oIoo dollars was
balance found due by said arbitrator from Hartwell
to Gage upon their potato business aforesaid
statement Of all said potato business was submitted
by Sid parties to said arbitrator and the only item
matter therein about which there any dispute was
lars, beng the amount for which load of pota
toes sold; Hartwell, the orator. claiming that
Gage, the defendant had received said sum- and Gage
claiming that Hartwell had received the same and said
NJ
well. No other claim matter pertaining to said po,a-
to business in dispute and other submit
ted except that said arbitrator figure up the
whole potato business and adjust connection with
other matters in dispute and find the sum due on the
whole Of their deal and business, which they did by find
ing the balance due each separate Of business
to either party and then adjusting the whole balance.
Said potato business amounted to about twenty-five
hundred dollars, and said submission was made and
the whole business Of said arbitration was conducted
without counsel and the whole matter left by the
planan to the said arbitrators figure up divide profits
and settle said potato business he knowing that in any
event there was something due him from Gage on ac
count Of said potato business. And further showing
that upon correct figuring OF said potato and
business after allowing said sum of one hundred and six
tyseven and dollars against the orator aore
said there would be something due the orator on said po
tao business, and said arbitrator did make serious
mistake in reckoning and computing thd sums Of ex-
pense, receipts and profits of said BUSINESS and in ad
lusting the same between the orator md defendant
which mistake mistakes amounted 10 more than one
hundred and twenty-five dollars ss-.-+ oAaN That
said mistakes made in the manner following towit
1t admitted before said arbrators that said Gage
put into said potato business the sum Of TWENTY-FIVE
hundred and niney-one and 4o-Ioe dollars that said
Harwel in cash expenses had put in the sum Of one
hundred and seventyeght and 68-Ioo dollars that the
whole amount received from the business twenty
i've hundred and twenty and 1-Ioo dollars that said
Gage had received Of this the of twentythree hum
1red and hytwo and 81 100 dollars, and whether Gage
Hartwe had received the balance one hundred six.
y-seven and 4o-Ioo dollars the only question sub
nitted about which there any dispute. 1t was ad
ntted that the profits of the business amounted to for
y-nine and 84Ioo dollars; and the arbtrators found
hat Hartwel had received said sum of one hundred |
xtyseven and dollars and found from the above
hat Hartwel still owed Gage the of one hundred
Tx and 6oIoo dollars while from figuring Of
aid business after the finding of the said arbrators as
o the said Of one hume red sixy.seven and 4o1oo
olars it would without question appear that said Gage
t owed Hartwell the Of thrty-six and 20 100 dol
ars; and the orator believes and AYERS that said fig
nent of parties, few dollars, less than five
,hich would make the profits SO much less,
nd further that said arbraors in figuring up and
dusting said business entirely forgot the sum Of one
undred seventyeight and 68-Ioo dollars which said
1artwe put into the business and allowed 10 said Gage
ut of said Of one hundred sixtyseven and 4o-1oo
oars, onehalf, and one-ha of said profits after de.
uctng from said profits said few dollars of expense
hich were never reckoned thought of until during
lie hearing, and thus found said of one hundred
X and 90 100 dollars due Gage. The orator AYERS that
all the time admitted by all parties that said Gage
ad received sixtyone and dollars more than he
ad put into the business which would also show that
had received about thirty-sx dollars more than his
back and his half of said profits And the orator
'ers that matter or thing was in dispute which
,ud in any way affect the result that the orator now
aims to be correct as above set forth; and the said
suit as found by said arbitrator was mistake in fig
ing and reckoning only. That said award was pub
hed to said parties about November aoth 1887, and
c orator then Immediately claimed that such mistake
have been made but this defendant and also one Of
said arbtrators then and ever since have refused to
ok over the matter, or to have said mistake remeded
ID this defendant yer soon and on the 9th day of De-
mber, 1887, brought his suit on said award which |
it is now pending against the orator in the ORANGE
,unty Court and John II Watson of said Bradford is
id defendants attorney of record in said suit and the
ator cannot at law defend said suit have said mis-
&c rectifed and must unless the defendant restrain
from prosecuting said suit, submit to Judgment
,ren.
And the orator would further show that he is informed
believes that Of said arbitr tors at least and
,bably both, well satisfied Of such mistake
believe themselves powerless rectify the and
refuse to do or try to do anything in the premises.
And praying for an injunction from said Court to re-
ain said Gage, his agents and attorneys from further
,secuting said suit and FROM taking or having ;u,e-
MT therein; and that the defendant be ordered TO ac
int and said award be reformed and said mistak. or
stakes rectfed and for such other and further relief
'igned and sworn to by the orator.
Ind whereas in consideration Of the facts set forth in
bill OF complaint and verified by the oath of the ora
his Honor, John w. Rowe Chancellor. strictly
oined said defendant and his agents and attorneys
n further prosecuting said suit at law mentioned IN
bill and from having taking judgment therein
il further order Of the Court. And further ordered
injunction not to be operative until the orator file
d in the sum Of five hundred dollars to the def.nd
with thu Clerk of said Court of Chancerv 10 he s,
we'd by said Clerk which bond to be conditioned a.
ling to the 3Sth rule in Chancery which bond has
n filed with said Clerk
nd it appearing that said bill Of complaint was duv
red in said Court at the June Term thereof u
}, and that said cause ordered to lie with said
1T; and that said defendant resides without the
c so that legal service Of said bill of complaint has
and cannot be made upon him, it is hereby ordered
notice Of the tendency Of said bill of complaint and Lii
nd injunction be given to said Alonzo E. Gage re- a
ing him to appear before the Court of Chancerv m %
I'D at Chelsea within and for the County of ORANGE -
ne third Tuesday of December A. D.. 1900 to ans ~,
to said bill Of complaint and stand to and abide such be
direction and decree therein to the Court shall ~
meet, and to cause his appearance therein to be w
ed with the Clerk Of said Court on the return dav
Of otherwise said bill will be taken as confessed by
shng the substance Of said bill OF complaint and he
ctlon oee er with this order in the United OHM hi;
-.e'' "1"c |, in said county of am
se, u 'eeks y. the last Of which .
cations to be at least twenty Gays before SAID third
day of December, A. D., 1890 shil
ted at Chelsea, in the County of Orange this asth 70
II October, A. D., 1890. ing
) b. HEBARD, Clerk. ~ n
B. PICKETT, JR., and r. M. HARVEY. Sol'rs for t;se
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