Civil Procedure Keyed to Friedenthal
Veale v. Warner
Veale, Plaintiff, sued Warner, Defendant, for 2000 pounds. Plaintiff lent to Defendant. Defendant responded by introducing an arbitrator’s decision and award. The award showed that Plaintiff was awarded 3169 pounds and Defendant paid the award after Plaintiff signed a release of all liability from the debt. Defendant demurred. Plaintiff responded by denying that Defendant paid the award. Defendant responded by stating that Plaintiff cannot deny that Defendant paid Plaintiff because Plaintiff signed a release stating Defendant did pay Plaintiff. Plaintiff moved for judgment and Defendant’s counsel responded by arguing that Plaintiff could not have judgment because the arbitrator’s award was void due to the fact that it did not require Plaintiff to do anything.
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