Rice v. Loomis

Elliott, J.,

dissenting. — Rice sued Loomis on an account for work and labor, &c. Loomis, in his answer, set up the agreement of submission and award, set out in the opinion of Frazer, C. J., in bar of the action, and alleged that the account now sued on was presented by Rice before said arbitrators and settled in said award; to which Rice replied, in substance, that he was induced to enter into the agreement of submission and the arbitration referred to by the false and fraudulent representation of C. C. Loomis that Francis B. Loomis, who, it is alleged, was solvent and possessed of large…