Montifiori v. Engels

Citations

• 3 Cal. 431

Syllabus

<p>A case was submitted to a referee to find the interest of R., and the value of such interest, in a vessel and cargo. He found such interest and value in the ship, but not in the cargo, and reported that he was unable, for want of evidence, to find the value of R.’s interest in the cargo. Held, that this was equivalent, for the purpose of legal adjudication, to finding no value whatever.</p> <p>When parties submit to an arbitrator, they are presumed to know that his award will be final, and they must be required to exercise due diligence in procuring the evidence upon which to base a proper award.</p> <p>The case sent back, with leave to plaintiff to amend his declaration, and to the defendant to answer over.</p>