Larkin v. Robbins
New York Supreme Court
Error from the Oneida common pleas. Robbins sued Larkin, and declared on a promissory note, &c. The defendant pleaded outer actio pendents. The plaintiff replied , , • „ . . , , that the action set forth in the plea had been submitted to arbitration, by reason whereof the suit became discontinued.
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Error from the Oneida common pleas. Robbins sued Larkin, and declared on a promissory note, &c. The defendant pleaded outer actio pendents. The plaintiff replied , , • „ . . , , that the action set forth in the plea had been submitted to arbitration, by reason whereof the suit became discontinued. The defendant rejoined that the arbitrators had not taken upon themselves the burden of the submission ; that they had not met to hear the parties, and had not made any award, or done any other act under the submission; to which rejoinder the plaintiff demurred, and the common pleas gave judgment…
1Opinion of the Court
By the Court, Marcy, J.
The point presented for the opinion of this court is, whether the mere submission of a cause to arbitration, the arbitrators never taking or consenting to take upon themselves the burden of the submission, operates as a discontinuance of a suit pending in court. The distinction that the plaintiff in error makes between a submission never acted on by the arbitrators, and one which has been followed up by an award or hearing by the arbitrators, does not appear to have been recognized by the courts, nor do I see any good reason for making such distinction. The general…
2Cases cited2 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- People v. Onondaga Common PleasNew York Supreme Court · 1828
3Cited by32 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- Bowen v. LazalereSupreme Court of Missouri · 1869
- Goodwin v. Merchants' & Bankers' Mutual InsuranceSupreme Court of Iowa · 1902
- Callanan v. Port Huron & Northwestern Railway Co.Michigan Supreme Court · 1886
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