3 Cai. Cas. 166 | N.Y. Sup. Ct. | 1805
Per curiam, delivered by
The present application for a new trial is made on three grounds. 1st. The want of consideration for the note on which the action is brought. 2d. That it was obtained by oppression and undue advantage. 3d. That the judge at the circuit excluded testimony which ought to have been admitted.
The want of consideration cannot be objected against the pote. There was an. agreement between the parties to submit to arbitration, a matter in controversy between them. Kyd on Awards, 7. 1 Ld. Ray, 248.
The second objection is equally untenable. Nothing is shewn in the case, that looks like oppression, or undue advantage. It is true, the defendant was under an arrest; but that of itself could not have been enough to avoid his acts, even had there been a final settlement, which, however, was not the case. There was only an agreement to submit the matter upon which he was arrested, to arbitration; the merits of which controversy, he had the right of contesting before the arbitrators.
Freeman v. Bernard.
Bailey v. Lechmere.