Smith v. Compton
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The plaintiff’s complaint contained three counts. In the first count the plaintiff claimed to recover for goods, wares and merchandise, sold and delivered to the defendant, specifying the time, quality and value.
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APPEAL from a judgment entered upon the report of a referee. The plaintiff’s complaint contained three counts. In the first count the plaintiff claimed to recover for goods, wares and merchandise, sold and delivered to the defendant, specifying the time, quality and value. In the second count, he claimed to recover for money paid, laid out and expended, specifying time and amount; and, in the third count he claimed to recover for two years’ work, labor, and services performed, and goods, wares and merchandise sold, and money paid, to the amount of one thousand dollars, and claimed that the…
1Opinion of the Court
By the Court, T. R. Strong, J.
An agreement of submission of matters in difference to arbitrators, followed by the arbitrators entering upon their duties—the arbitration being still pending and undetermined—constitutes no defense, or legal ob*267stacle, in abatement or in bar, to an action for the same matters, commenced after the making of the agreement. Such an agreement is a mere authority, revocable by either party, at any time before the case is finally submitted to the arbitrators for decision, subject only to liability for damages. It is not a bar to a subsequent action, because it does not…
2Cases cited4 opinions
- Hard v. ShipmanNew York Supreme Court · 1849
- Boomer v. LaineNew York Supreme Court · 1833
- M'Lean v. HugarinNew York Supreme Court · 1816
- Brintnall v. FosterNew York Supreme Court · 1831
3Cited by5 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Birmingham News Co. v. HornSupreme Court of Alabama · 2004
- Riley v. JarvisWest Virginia Supreme Court · 1896
- Binsse v. PaigeNew York Court of Appeals · 1863
- State v. JenkinsSupreme Court of New Jersey · 1878