Simons v. Mills

Citations

• 80 Cal. 118
• 22 P. 25
• 1889 Cal. LEXIS 872

Syllabus

<p>Arbitration — Consultation of Arbitrators with Stranger. — An award of arbitration will not be set aside upon the ground that they consulted with a person not an arbitrator, if it appears that they acted on their own judgment in making their determination.</p> <p>Id.—Power of Arbitrators—Award as to Partnership Transactions — Collection of Partnership Assets. •—A reference to arbitrators to settle all matters of difference growing out of partnership transactions gives them power to determine what amounts are due to one of the partners as trustee of the partnership, from uncollected assets in the form of bills receivable, and to determine the share of each partner therein after expenses of collection are paid; and if the articles of partnership provide for the collection of such assets by such partner, the award is not objectionable for recognizing and reciting his authority to make the collection</p>