20 Barb. 409 | N.Y. Sup. Ct. | 1854
The only question presented in this case is, whether the evidence offered by the defendant should have been received. The evidence offered was two-fold in its aspect, 1. That the arbitrators took into consideration matters not submitted to them; and 2d. That they awarded that the defendant should have as his own property about fifteen perch of stone on the premises of the plaintiff, which through mistake was not included in the written award. It is not seriously contended that the latter offer was proper. It has been repeatedly held that no evidence of any kind can be given to show a mistake in the award, in an action at law upon it. (Efner v. Shaw, 2 Wend. 567. Newland v. Douglass, 2 John. Ch. 62. 9 John. 212. Doke v. James, 4 Coms. 567, 574. Perkins v. Wing, 10 John. 143. 12 id. 311. Emmet v. Hoyt, 17 Wend. 410. Fidler v. Cooper, 19 id. 286, 287. Dater v. Wellington, 1 Hill, 319.)
The other part of the offer presents a more serious question. In the case of Butler v. The Mayor &c. of New York, (7 Hill, 329,) which was a case in the court of errors, it was held that oral evidence may be given to invalidate an award by showing that the arbitrators exceeded their powers, though the submission and award be in writing and under seal. It was remarked that if the submission had been pursuant to the statute respecting arbitrations there is no doubt a court of law would have the power of vacating the award summarily on motion; but that such a mode of relief only obtained where by the agreement of the parties judgment might be rendered in a court of law upon the award made pursuant to the submission; but that in other
In another report of the same case, (1 Barb. S. C. Rep. 325,) this doctrine is again repeated and affirmed, and the court say that such an award is a- nullity and may be so declared by any court before which an attempt is made to enforce it.
In the Matter of Williams, (4 Denio, 194,) it was decided that on a motion to vacate an award under the statute, (2 R. 8. 542, § 10,) the court is not confined to an examination of the submission and the award, but may receive affidavits, as to what took place at the hearing, to show that the arbitrators exceeded their powers ; and Bronson, Oh. J., in delivering the opinion of the court, remarks that in actions involving the validity of an award, “the rule in this state was formerly understood to be that you could not impeach the award by going behind it, and showing that the arbitrators exceeded their authority, or omitted to decide on all the matters submitted, and that this rule was followed by the supreme court in Butler v. The Mayor &c. of New York. But that on the reversal of that judgment by the court of errors, (7 Hill, 329,) the rule was settled the other way, and that now the parties may go behind the award, and if that can be done in an action it is quite clear that it may also be done on a motion to vacate the award; and the award was vacated because the arbitrators had exceeded their powers.”
As early as 1840, in the case of Elmendorf v. Harris, (23
It has thus been the law, in this state at all events, since the decision of Butler v. Mayor &c. of New York, (7 Hill, 329,) that parol evidence to show that the arbitrators exceeded their powers is admissible in a court of law, and that if proved it renders the award void. It has not been doubted, unless in the recent case in the court of appeals of Doke v. James, (4 Comst. 567, 576.) In that case the arbitrators made two awards in writing, one dated 25th of February, 1848, in which they directed their own costs and expenses, amounting to $>63, to be paid by the plaintiff Doke. In the other, under date of 6th March following, they stated their expenses at $>63, but did not direct that Doke should pay them. The plaintiff’s counsel offered to prove by one of the arbitrators that the award dated 25th March, 1848, did not, in fact, contain the decision of the arbitrators ; that it was signed by them without understanding vits meaning and effect, and that they had been induced to sign it through false representations; and that on ascertaining that they had made a mistake the arbitrators again assembled and made the second award. This evidence was objected to, both on the ground of the incompetency of the evidence, and of the inability of the arbitrators to impeach their own award; but it was admitted by the court below, and the defendant excepted. The case shows that the first award, after objection on the part of one or two of the arbitrators against the clause re
So in the case of Fidler v. Cooper, (19 Wend. 285,) the court say, “An award, properly made in pursuance of the authority conferred on the arbitrators, is conclusive as to all matters to which the submission extends, whether any particular matter included in the submission was laid before the arbitrators or not,” and they cite Wheeler v. Van Houten, (12 John. 311,) which case is that on a submission to arbitration of all matters in difference between the parties, the award is conclusive on the parties as to all causes of action subsisting between them previously to the submission; that is, the award is final as to all matters within the submission. So in Dater v. Wellington, (1 Hill, 319,) the court expressly said that whether the arbitrators erred on the merits, as a court of law they had no right to inquire, but if the questions had related to the power or jurisdiction of the arbitrators, they could i?iquire.
All these cases seem to admit the doctrine, which was set at rest in Butler’s case, and decide just as clearly that mistakes or errors in the arbitrators as to the matters submitted to them, such as was attempted in the latter part of the defendant’s offer in this case, cannot be inquired into or corrected in a court of law. It is remarked by the court in Doke v. James, that if the arbitrators did award as to matters not submitted to them, the award would only be void pro tanto, and would stand good as to the matters confessedly submitted. The learned justice cites, in support of that part of his opinion, Martin v. Williams, (13 John. 264.) That case decides that where part of an award which is void is not so connected with the rest as to affect the justice of the case, the award is void only pro tanto; but where it is so connected it is void altogether. The case of Jackson v. Ambler, (14 John. 96,) decides nothing farther, but affirms the doctrine that if it had appeared that the arbitrators had exceeded their powers, the court would have been bound to deny to their decision any valid effect. Such is the conclusion, and no more, in McBride v. Hagan, (1 Wend. 326, 360.) The submission in this case, which was in writing, was a general one of all matters whatever between the parties. The offer
But the plaintiff objects that the offer as a whole was improper; that no evidence could be received to show the mistake, and as both matters were included in one offer, the evidence applied to both matters equally, and should have been received as a whole, and rejected as a whole. It has been conclusively shown, I think, that the evidence as to the mistake was improper and was rightly rejected. I doubt, however, whether it can be said that both matters were included in one offer. It is true, they were made in consecutive order, but it does not follow from that, that they were both one offer. The offer was in these words, “ Defendant offered to prove by Jacob Osborn, one of the arbitrators, that the arbitrators took into consideration matters not submitted to them; (semicolon) also that they included in the award about 15 perch of stone,” &c. through mistake. How there is a pause between the two matters, making it pretty evident that these were intended to be two distinct offers. The defendant first offered to prove, 1, that the arbitrators exceeded their powers ; also, 2, that they made a mistake in their award. Like the two counts in a complaint, where it has been held that in commencing a second count, it is sufficient to use the word also. It is very easy to distinguish between the two offers, and to pass upon each, and the offer, especially in a justice’s court, where pleadings and offers are to be construed liberally, was sufficient unless specifically objected to. It is true it would probably have been more satisfactory and at least more decisive if the justice had been requested to decide and had decided, on each offer dis
The only remaining question is whether the arbitrator was a competent witness to prove that matters were included in the award not contained in the submission. Arbitrators, (like jurors as to their verdict,) are not to be permitted to impeach their award. And the chancellor said in Campbell v. Western, (3 Paige, 126, 137,) that an arbitrator who has signed an award cannot be allowed to contradict his solemn act, and to say that he did not
The judgment of the county court and of the justice should be reversed.
Hand, Cady, C. L. Allen, and James, Justices.]