Wells v. Lane
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Lane sued Wells in the Yates common pleas in an action of slander. After the cause had been at issue twenty months, the defendant put in a plea puis darien continuance, that on, &c., the cause of action set forth in the declaration bad been submitted to arbitration, praying judgment whether the plaintiff ought further to have or maintain his action. To which plea tbe plaintiff replied, denying the submission.
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Error from the supreme court. Lane sued Wells in the Yates common pleas in an action of slander. After the cause had been at issue twenty months, the defendant put in a plea puis darien continuance, that on, &c., the cause of action set forth in the declaration bad been submitted to arbitration, praying judgment whether the plaintiff ought further to have or maintain his action. To which plea tbe plaintiff replied, denying the submission. On the trial of the issue thus joined, the defendant’ offered' to prove a submission by parol. Tbe plaintiff objected to parol proof urging in support óf…
1Opinion of the Court
The following opinions were delivered :
By the Chancellor.
Even if the defendant’s counsel had been right in supposing that a parol agreement to submit the matters in difference between the parties to arbitration was a legal discontinuance of the suit, though no award had been made in pursuance of such submissioú, he was totally wrong in supposing that a mere submission to arbitrators could be pleaded as a bar to the further continuance of the suit. A legal submission to arbitration and a valid award in pursuance of the submission, may be pleaded in bar of the further maintenance of a suit then…
2Cases cited2 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Larkin v. RobbinsNew York Supreme Court · 1829
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- Smith v. DouglassIllinois Supreme Court · 1854
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