Crooker v. Buck
Supreme Judicial Court of Maine
On Report from Nisi Prius, Goodenow, J., presiding. Assumpsit for money had and received. After the plaintiffs’ evidence was in, the defendant offered a statute submission of the matter in controversy, and an award thereon, made out of Court, after the action for the same cause was commenced, and contended that this proceeding operated as a discontinuance of the suit; and thereupon he moved that it be dismissed.
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On Report from Nisi Prius, Goodenow, J., presiding. Assumpsit for money had and received. After the plaintiffs’ evidence was in, the defendant offered a statute submission of the matter in controversy, and an award thereon, made out of Court, after the action for the same cause was commenced, and contended that this proceeding operated as a discontinuance of the suit; and thereupon he moved that it be dismissed. The Court admitted the submission and award in defence, but overruled the motion. The plaintiffs then offered to impeach the award before the jury, but the Court refused to allow it.…
1Opinion of the CourtCutting, J.
During the pendency of this suit in Court, the parties referred the same cause of action, by consent, before a justice of the peace, agreeably to R. S., c. 138.
*358At the trial, the defendant introduced the agreement and the report of the referees, as to the execution of which there was no controversy, and thereupon contended that they operated as a discontinuance of the suit.
That a submission at common law would have that effect, has been settled by a series of decisions in the State of New York. Camp v. Root, 18 Johns. 22; Ex parte Wright, 6 Cowen, 399 ; The people v. Onandago C. P., 1 Wend.…
2Cases cited5 opinions
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- Larkin v. RobbinsNew York Supreme Court · 1829
- People v. Onondaga Common PleasNew York Supreme Court · 1828
- Camp v. RootNew York Supreme Court · 1820
- Town v. WilcoxNew York Supreme Court · 1834
3Cited by1 opinion
- Lary v. GoodnowSupreme Court of New Hampshire · 1868