Wheeler v. Van Houten

Wheretl)eíé ‘í0Jato5Í’' tian, of ail the demands which either party; the* otherfthe conclusive bar ¡f.act<°¿ !"and. iubs.ist_ ing at the time of the submission and a-ward, though the plaintiff can show, that for widch^the brought,8 was,omitted’tcT be '¿y^atorsthe and was not considered, gr-decided upon, by them.

IN ERROR, from the court of common pleas of Orange County. Wheeler brought - an action of assumpsit against Van Houten, in the court below, and the defendant pleaded the , . . . » i _ i « v - general issue. At the trial of the cause, the defendant proved, that he and the plaintiff, on the 28th day of February, 1812, before the commencement of the suit, mutually agreed to submit the final adjustment of all their demands against each other to arbitrators, and pledged themselves to abide their award; and *• ° ' that the arbitrators did award and order that Wheeler, the pree r sent plaintiff, should pay to Van Houten, the defendant, the sum _ . .. - - - " , , , „ of 27 dollars and 74 cents; and -that the costs should be equally divided between them. The counsel for the defendant insisted, that the award was conclusive evidence for the defendant, and a bar to the plaintiff’s recovering for any demand subsisting against the defendant prior to the submission and award. The plaintiff’s counsel then offered to prove, that 1 r 7 the several demands and charges for goods sold, mentioned in the plaintiff’s declaration, apd the several items for which the present suit was brought, were, by accident, never laid before the arbitrators for their ' consideration, nor did they decide thereon; and, that since the. award,, the plaintiff had admitted that the items for which the present suit was brought, were not produced before the arbitrators, or considered by them, is making up their award. But the court below remeted thé, eví» i .. . : - ■ , dénce, ana, decided that the award was conclusive evidence in bar of the plaintiff’s action, for all demands subsisting prior to the submission,and: award ; and the. plaintiff was thereupon nonsuited. The plaintiff’s counsel tendered a bill of exceptions to the opinion.of the court below.