Jone v. Bailey
California Supreme Court
Appeal from the Superior Court of the city of San Francisco. The plaintiff, a shipmaster, and the defendants, merchants in San Francisco, were ¡Dartners in an adventure of certain shipments of oil from the Sandwich Islands. The defendants sold the oil and rendered to the plaintiff account sales thereof. The plaintiff not being satisfied with the result, agreed with Bailey, one of the partners, to submit the matter to arbitration.
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Appeal from the Superior Court of the city of San Francisco. The plaintiff, a shipmaster, and the defendants, merchants in San Francisco, were ¡Dartners in an adventure of certain shipments of oil from the Sandwich Islands. The defendants sold the oil and rendered to the plaintiff account sales thereof. The plaintiff not being satisfied with the result, agreed with Bailey, one of the partners, to submit the matter to arbitration. The agreement to arbitrate was signed only by Jones and Bailey. The award disclosed a balance due the plaintiff of §1,110.11, for sales which had been unaccounted…
1Opinion of the CourtMurray, C. J.
We can see no legal objection to the plaintiff’s right of recovery. *346Treating the finding of the arbitrators either as an award or a statement of balances struck between the parties, the defendant is equally liable.
While it is true that one partner cannot bind his copartner by asubmission of partnership matters to arbitration, it does not follow that such submission would not be good as against himself.
It is perfectly competent for him to resort to any mode to ascertain and settle a demand against himsself. The award must be taken as conclusive against Bailey. It has been suggested, however,…
2Cited by2 opinions
- Taylor v. SmithMichigan Supreme Court · 1892
- Walker v. BeanSupreme Court of Minnesota · 1886