50 Iowa 554 | Iowa | 1879
The motion to set aside the award of the arbitrators was'supported by an affidavit of the attorney of defendants, as follows:
“Claimed judgment for the sum'of one thousand five hundred and forty-two dollars and twenty-eight cents as money loaned to said F. Millard and H. A. Gorham; also—
“Claimed as interest due on said loan, - $72 97
“Claimed on rent of building, - - - 15 61
“Claimed on insurance as per contract, - 10 00
“I also presented a claim of B. Millard against H. A. Gorham for rent of dwelling, eleven dollars and ninety-one cents, and in support of all of said claims I offered in evidence the contract in writing made by the parties to said arbitration and under which they had been doing business, out of which the-
“It was also a matter of difference between the parties to said arbitration what was the amount in value of the goods on hand of the firm of Millard & Gorham, reckoning said value from the cost price on said goods; and the testimony of P. Millard was taken upon said matter of difference, and the cost pi'ice of said goods, according to the testimony of said witness, as reckoned by me from the amounts named by him, was in the aggregate of three thousand five hundred and fifty-one dollars and fifty-nine cents, less an amount of thirty-one dollars and nineteen cents, which was admitted by all • the parties to be overcharged, and no other witness was examined in relation to the costs of said goods.' It was also a matter •of difference between the parties what amount of money had been collected on the notes and accounts belonging to said firm, and the testimony of P. Millard was taken upon said matter of difference, and by his testimony, which was not rebutted or denied, it appeared that there had been so collected thereon as follows:
“Collection on accounts of firm of Millard & Gorham, - - - - §690 47
“Collection on notes of firm of Millard & Gorham, - 254 77
“Yalue of uncollected accounts, - - $426 30
“Yalue of uncollected notes, - - 93 49
“And the value of said notes and accounts belonging to •said firm, according to the testimony of E. Millard, was nine-teen dollars and sixty-six cents less than that as fixed by H. A. Gorham. It was also agreed by and between the parties, .at the time of such trial, that H. A. Gorham had received of the firm the sum of three hundred and seventy-nine dollars .and fifty-three cents ($379.53,) and that E. Millard had received in like manner two hundred and ninety-three dellars .and seventy-eight cents ($293.78), and that none of said money had been returned.
“It was also shown by the testimony of E. Millard, and H. A. Gorham admitted, that the liabilities of the firm, other than that owed by them to B. Millard, amounted in the aggregate to two thousand one hundred and forty-nine dollars and .sixty-three cents, for which amount B. Millard was, under the •contract herein referred to, liable to pay.
“It was also a matter of difference between the parties what the cash or actual value of the goods belonging to the .firm of Millard & Gorham was, and testimony was admitted upon said matter of controversy, but as the testimony was conflicting I am unable to state any amount thereon; that it ■was my understanding at the time of the final submission of ■the case that the • figures above given by me were agreed to ■be correct, and that the arbitrators should so consider them. ”
The affidavits of Benjamin Millard and of Eillmore Millard» mf similar import, were also submitted.
We think these affidavits do not require nor even authorize .ithe-setting aside of the award. The record does not set forth the evidence upon which the arbitrators acted. It may be
It is urged by appellant that there is nothing whatever upon which to base the assumption that Benjamin Millard is a partner in the firm of Millard & Gorham. At the same time the affidavit states that it was a matter of difference between the parties whether Benjamin Millard was a partner in the firm or-
It is urged further that in the award it is assumed that under the agreement to submit to arbitration Fillmore Millard and Benjamin Millard should continue the business and take control of the entire assets, and that there is nothing in the agreement to arbitrate upon which to found such a conclusion. The award does not assume that the agreement of submission contains any such provision. It refers to an agreement of the parties as containing such provision, but does not necessarily refer to the agreement of submission. The record discloses nothing which requires that the award should be disturbed.
Affirmed.