Kearsarge Metallurgical Corp. v. Peerless Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• upholding trial court’s refusal to dismiss despite the fact all parties, all evidence, and the situs of the claim were in New Hampshire and New Hampshire law applied
• no abuse of discretion in declining to dismiss an action governed by the substantive law of New Hampshire
• no abuse of discretion in declining to dismiss an action governed by the substantive law of New Hampshire
• demands for arbitration sent to both principal and surety; “the surety repeatedly was given notice of the arbitration proceedings, and chose not to participate”
• “[W]e think that New Hampshire courts would follow the general principles outlined above and hold that... [a] surely who guarantees the performance of [a] contract will be” bound by an agreement to arbitrate
• court declined to dismiss action governed by other than Massachusetts substantive law

Source: CourtListener parenthetical corpus (CC0).