Hays v. Hays
New York Supreme Court
*Error, from the Albany common pleas. Robert Hays sued [ *364 ] John R. Hays in the court below, and declared against himinassumpsit on the money counts including an account stated. The defendant pleaded the general issue.
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*Error, from the Albany common pleas. Robert Hays sued [ *364 ] John R. Hays in the court below, and declared against himinassumpsit on the money counts including an account stated. The defendant pleaded the general issue. The plaintiff produced in evidence a paper writing, bearing date 26th December, 1836, signed by him and the defendant in these words; “ We, Robert Hays and John R. Hays, both of the town of Bern, do hereby agree to submit to Lyman Dwight, justice, all suits, actions and causes of action, trespass or trespasses, dues and demands, which we or either of us have against each…
1Opinion of the CourtCowen, J.
*By the Court, The question is on the legal effect [* 366 ] of the proceedings before Dwight. The written submission could not, perhaps, have been pursued to a binding award by six men, without the co-operation of both parties ; though I should think that one of them might have proceeded before Dwight alone. His award on an ex parte hearing would have been valid, unless the power conferred on him had been revoked by the adverse party. The stipulation was to submit the matters in difference to him, or to a jury if cither party should demand one. The latter alternative was, perhaps, void for…
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