Lyle v. Rodgers

• Decision Date: 15 March 1820
• Citation: 18 U.S. 394,5 L.Ed. 117,5 Wheat. 394
• Parties: LYLE et al. v. RODGERS
• Court: U.S. Supreme Court

18 U.S. 394

5 L.Ed. 117

5 Wheat. 394

LYLE et al. v. RODGERS.

March 15, 1820

ERROR to the Circuit Court for the district of Columbia.

This was an action of debt against the defendant, on a bond given by Jerusha Dennison, and the defendant, to the plaintiffs, with a condition to perform the award of certain persons chosen to arbitrate all differences, &c. between the plaintiffs and Jerusha Denison, either as administratrix of Gideon Dennison, deceased, or in any other capacity. The condition of the obligation is in these words: 'Whereas the said Jerusha Dennison, and the said James Lyle and Joshua B. Bond, have agreed to refer all matters in dispute between them, to the award and arbitrament of David Winchester and Thomas Tenant, of the city of Baltimore; and in case they differ in opinion, then to them and such third person as the said David Winchester and Thomas Tenant shall choose and appoint. Now, the condition of the obligation is such, that if the above bound Jerusha Dennison, her heirs, executors and administrators, do, and shall well and truly stand to, abide by, and keep the award and arbitrament of the said David Winchester and Thomas Tenant, arbiters, indifferently named an appointed by them to arbitrate, award, and adjudge of, and concerning all actions and causes of actions, debts, dues, controversies, claims or demands whatsoever, both at law and in equity, which the said James Lyle and Joshua B. Bond have, or either of them hath, against her the said Jerusha Dennison, as administratrix of Gideon Dennison, or in any other capacity. Or in case the said arbitrators shall differ in opinion, if then the said Jerusha Dennison, her heirs, executors and administrators, and every of them, do, and shall stand to, abide by, perform and keep the award and arbitrament of them the said David Winchester and Thomas Tenant, or either of them, and of such discreet and indifferent person as they shall elect and appoint as a third person as aforesaid; then this obligation to be void, and of none effect, otherwise to be and remain in full force and virtue.'

Upon this submission, the following award was made: 'Whereas certain differences have arisen between Joshua B. Bond and James Lyle, of the city of Philadelphia, in the State of Pennsylvania, of the one part, and Jerusha Dennison, of Harford county, in the State of Maryland, of the other part; and whereas, for the purpose of putting an end to the said differences, the said parties, by their several bonds, bearing date the fifteenth day of November last past, have reciprocally become bound, each to the other, in the penal sum of 12,000 dollars, current money of the United States, to stand to, abide by, perform, and keep the award of David Winchester and Thomas Tenant, arbiters indifferently named and appointed to arbitrate, adjudge, and award of, and concerning all actions, or causes of actions, debts, dues or demands, whatsoever, both of law and in equity, which the said Joshua B. Bond, and James Lyle, or either of them, have against the said Jerusha Dennison, as administratrix of Gideon Dennison, or in any other capacity:

'Whereupon, we, the above named arbitrators, after having heard the allegations of the parties, proceeded to an examination of the accounts, documents and proofs, by them respectively produced, and having maturely considered the same, do adjudge and award in manner and form following:

'First. We do adjudge and award, that there is due from Jerusha Dennison to Joshua B. Bond and James Lyle, the sum of 8,726 dollars and 41 cents, with interest from this date, until paid; upon the payment whereof, all suits at law and in equity, between them, shall cease and determine. And,

'Second. We do adjudge and award, that upon the payment by the said Jerusha Dennison, of the sum above awarded, with interest, as aforesaid, the said Joshua B. Bond and James Lyle shall execute to the said Jerusha Dennison, a good and sufficient release of all claims against her, both in her private capacity, and as administratrix of the late Gideon Dennison; and, also, that they shall re-convey, or release, as the case may require, all lands heretofore conveyed or pledged to them by the late Gideon Dennison, as a collateral security; and further, that they shall deliver to the said Jerusha Dennison, or account for on oath, all bonds, notes, bills, or other securities heretofore given to them by the late Gideon Dennison, as collateral security:—And,

'Lastly. We do adjudge and award, that this award shall be conclusive between the parties.'

The sum awarded by the arbitrators not having been paid, this suit was instituted. The defendant, after praying oyer of the bond, and of the condition, pleaded no award. The plaintiffs, in their replication, set forth the award, and assigned as a breach of it, the non-payment of the sum of 8,726 dollars and 46 cents, with interest, awarded to be due to them from the said Jerusha Dennison. The defendant rejoined, that among the matters in dispute between the parties, was a dispute relating to certain lands conveyed in fee simple by Gideon Dennison, the intestate of the said Jerusha Dennison, to the plaintiffs, in his lifetime, without any condition or defeazance expressed therein, but with an understanding and agreement between them, that the same should be held by the plaintiffs as a collateral security for the payment of whatever debt was due from the said Gideon Dennison to the plaintiffs. And, also, as to certain other lands and land titles, pledged in like manner as a collateral security for the said debt. But because the said matters in dispute are left unsettled by the said award, and for other causes appearing on the face of the said submission and award, the arbitrators made thereon no award, & c.

To this rejoinder the plaintiffs demurred, and the defendants joined in demurrer. It was, however afterwards agreed between the parties, that instead of arguing the demurrer, the matter contained in the foregoing pleadings, and the law arising thereon, should be subject to the opinion of the Court, on a statement of facts made by the parties, and the questions stated as arising thereon.

This statement admits the submission, the appearance of the parties before the arbitrators, the award, due notice thereof, a demand of the sum awarded to be due, and a refusal to pay the same. The statement also contains certain letters which passed between the plaintiffs and Jerusha Dennison, and Samuel Hughes, acting for and in behalf of the said Jerusha, dated in 1799 and 1800; and, also, a letter from the plaintiffs, dated in 1800, addressed to Mr. Hollingsworth, a lawyer of Baltimore, containing a copy of the correspondence above mentioned, and transmitting him a note for 5,568 dollars, drawn by Gideon Dennison in his lifetime, of which the plaintiffs were holders, and which had been regularly protested. On this note, Mr. Hollingsworth was requested to take the proper means to obtain payment. The correspondence admitted, that 'grants of lands in North Carolina and Tennessee had been given as security, without any acknowledgment or receipt for the same;' but contained no information whatever, ascertaining what grants were so given, although full information on that subject

Mr. Jones, for the plaintiffs, stated, 1. That the first objection made to the award by the defendant was that the arbitrators had not determined all the matters in controversy between the parties. But the only evidence to support this allegation is inadmissible and insufficient for that purpose; and the arbitrators have done enough if they decide all that the parties submit to them. 2. It is also objected, that the administratrix could not submit differences relative to her intestate's estate to arbitration. But the right of executors and administrators to submit to arbitration is well established by authorities, and the submission is an admission of assets to the extent which may be awarded; or, rather, it is a personal engagement to pay whatever the arbitrators may direct, without regard to the question of assets.^a 3. But it is again objected, that the award is void for uncertainty. To which it is answered, that the universality of the award is advantageous to the defendant, and that a general release, such as the award contemplates, is the best release for him. In the old cases, the judges employed all their astuteness to defeat awards; but in the progress of society, they have been justly viewed with more favour, and many things are now deemed certain which were formerly considered incurably bad. It is not necessary that every thing should be stated with positive certainty in the award itself. It may be rendered certain by reference aliunde. The question is, whether the party has a certain and definite remedy. Here the defendant may show that certain deeds have been executed, and are not released. It is sufficiently certain

^a Barry v. Rush, 1 T. R. 691. Pearson v. Pearson, 5 T. R. 6.

what bonds, &c. may be delivered up. It is within the knowledge of the parties. If the plaintiffs should attempt to sue upon other securities, the award might be pleaded in bar, with an averment that they were meant to be included.^b As to the alternative part of the award, to deliver up the papers, or account for them on oath; an alternative award is good, if certain.^c This is sufficiently certain. They shall deliver them up, or disclose where they are. Why might not the arbitrators direct the bonds, &c. to be accounted for on oath, instead of being actually delivered up?

Mr. Pinkney and Mr. Key, contra, contended, 1. That the award was of a controversy about lands, which the administratrix, in her representative character, was not competent to submit to arbitration. That this was the nature of the controversy appears from the letters offered in evidence, which are competent evidence of what was in dispute. It appears also from the award itself. But this award is no proof of...