Knoche v. Chicago, M. & St. P. Ry. Co.

U.S. Circuit Court for the District of Western Missouri

Knoche v. Chicago, M. & St. P. Ry. Co.

34 F. 471, 1888 U.S. App. LEXIS 2075

CourtU.S. Circuit Court for the District of Western Missouri

DecidedJanuary 13, 1888

StatusPublished

This text of 34 F. 471 (Knoche v. Chicago, M. & St. P. Ry. Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Western Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Knoche v. Chicago, M. & St. P. Ry. Co., 34 F. 471, 1888 U.S. App. LEXIS 2075 (circtwdmo 1888).

Pincite

Opinion

Thayer, J.,

(orally.) A clause in a contract agreeing generally to submit all of the questions that might arise under the contract to arbitration, is void; the same being against public policy, because the effect is to oust the jurisdiction of the courts. Nevertheless, it is competent for parties to stipulate in a contract that the value of property contracted to be sold or delivered shall be ascertained or fixed by arbitrators chosen for such purpose. Such special stipulations in contracts, relating to the manner in which the value of things forming the subject-matter of the contract shall be ascertained, are valid. In the latter class of cases, parties cannot ignore the stipulation and sue on the contract; they must at least make an effort to have the value of the thing ascertained according to the stipulations in the-agreement, before suit can be maintained. Motion overruled.

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Thayer, J.,

(orally.) A clause in a contract agreeing generally to submit all of the questions that might arise under the contract to arbitration, is void; the same being against public policy, because the effect is to oust the jurisdiction of the courts. Nevertheless, it is competent for parties to stipulate in a contract that the value of property contracted to be sold or delivered shall be ascertained or fixed by arbitrators chosen for such purpose. Such special stipulations in contracts, relating to the manner in which the value of things forming the subject-matter of the contract shall be ascertained, are valid. In the latter class of cases, parties cannot ignore the stipulation and sue on the contract; they must at least make an effort to have the value of the thing ascertained according to the stipulations in the-agreement, before suit can be maintained. Motion overruled.

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Bluebook (online)

34 F. 471, 1888 U.S. App. LEXIS 2075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knoche-v-chicago-m-st-p-ry-co-circtwdmo-1888.