William Fowle, and the Administrators of Thomas Lawrason, Appellants v. James Lawrason Executor, Apellee

• Decision Date: 01 January 1831
• Citation: 5 Pet. 495,8 L.Ed. 204,30 U.S. 495
• Parties: WILLIAM FOWLE, AND THE ADMINISTRATORS OF THOMAS LAWRASON, APPELLANTS v. JAMES LAWRASON'S EXECUTOR, APELLEE
• Court: U.S. Supreme Court

30 U.S. 495

5 Pet. 495

8 L.Ed. 204

WILLIAM FOWLE, AND THE ADMINISTRATORS OF THOMAS

LAWRASON, APPELLANTS

v. JAMES LAWRASON'S EXECUTOR, APELLEE.

January Term, 1831

THIS was an appeal from the equity side of the circuit court, of the district of Columbia.

James Lawrason, the testator of the appellee, filed a bill in the circuit court of Alexandria, against the appellant, William Fowle, as surviving partner of Thomas Lawrason, who had died intestate, and who with William Fowle, had carried on business under the firm of Lawrason and Fowle. After the decease of James Lawrason, the suit was prosecuted by his executor.

The bill charges, that the complainant, James Lawrason, being seized of one moiety of a wharf and warehouse, in the town of Alexandria, and his son, Thomas Lawrason, of the other moiety; the said Thomas being then a co-partner of Fowle; the complainant agreed to rent to the co-partnership his moiety of the same, and that, on or about the day of _____ they entered on the possession, and occupied them until the death of the said Thomas; that the complainant understood and supposed that he was to be paid for his moiety the annual rent of one thousand six hundred dollars; and that he expects to prove that the said Thomas frequently acknowledged that to be the annual rent. That the complainant's interest in the property was worth that rent. That during the period the said Lawrason and Fowle occupied the premises, dealings and other matters of account took place between them, and the complainant; which not having been settled during the life of Thomas Lawrason; it was agreed after his death that the accounts between the complainant and the firm should be settled by arbitration, and that arbitrators were accordingly appointed to make the settlement. That the arbitrators awarded the sum of two thousand dollars in favour of the complainant; which award, with the accounts on which it was founded, are exhibited. That the defendant, Fowle, refused to submit to the award, alleging that the arbitrators were under a misapprehension as to the complainant's interest in the rent. That the complainant brought a suit at law on the award; and the court decided on the trial that in consequence of some error in the submission, and in the form of the award, it could not be sustained. That the effect of this decision may be to open the accounts between the parties, and if so, they can no where be so correctly settled as in the court of chancery. That he considers himself, however, entitled to the benefit of the settlement made by the arbitrators; and that, although a suit at law might not be sustained on the award, yet in equity it is valid and binding, that he claims the benefit of it; but if this cannot be obtained, he must submit to another settlement to be made by order of the court. The bill concludes with a prayer for the settlement of accounts and for general relief.

The complainant's bill having been taken pro confesso as against the defendant, Fowle, the court at November term 1823, directed an account to be taken by the auditor between the complainant and the defendant, Fowle, as surviving partner, &c. as well in relation to the rents claimed of the firm, as to all other matters of account between them; and the auditor was authorized to take such legal testimony as should be offered by the parties, and to report, & c. At May term 1824, the complainant having died, Aaron R. Levering, his executor, was made complainant.

From the report of the auditor, it appears, that there existed no difficulty in the settlement of the general account (exclusively of rent) between James Lawrason and the defendant Fowle, as surviving partner. The balance on this account in favour of Fowle, being admitted to be eleven thousand seven hundred and sixty-nine dollars and thirty cents. That as to the rents, the only difference that existed between the parties, was, whether the amount which had been claimed by James Lawrason, and admitted by the auditor, was to be considered as the rent of the whole of the wharf and warehouse as contended for by the defendant Fowle; or was to be considered as the rent of the warehouse; and the complainant's moiety of the wharf only, leaving Fowle still accountable to the representatives of Thomas Lawrason for the rent of his moiety of the wharf. If the latter is correct, there is a balance of two thousand six hundred and thirty-eight dollars and eighty-three cents, with interest from the 21st of August 1819, due the complainant from the defendant Fowle, as surviving partner. If the former, there is a balance due from the complainant to the defendant of one thousand two hundred and ninety-five dollars and ninety-three cents, with interest, &c.

From the evidence laid before the auditor, he decides and reports accordingly, 'that the amount of rents claimed by the complainant, ought to be considered, not as his share or dividend, but as a reasonable rent for the whole of the wharf and warehouse; but as the defendant Fowle admitted that Thomas Lawrason had never made nor intimated an intention to make any charge against the company for rent, on account of that half of the wharf which had been conveyed to him, this, taken into consideration with his declarations as stated in the depositions of E. and R. Riggs, induced him (the auditor) to believe that it was his (T. Lawrason's) intention that the whole rent of the property should go to his father (the plaintiff) during his life; he therefore reported the balance of two thousand six hundred and thirty-eight dollars and eighty-three cents, to be due to the complainant from the defendant Fowle.'

At November term 1825, Hugh Smith and Nehemiah Carson, administrators of Thomas Lawrason, were made defendants. At April term following, the complainant filed his amended bill against them, calling on them to answer to his original bill, as if they had been originally made parties to it and praying that they may be bound by any decree the court may make, in the same manner, and to the same extent, as if they had been parties originally. At April term 1827, the answers of the defendant Fowle and of the administrators of Thomas Lawrason were filed.

The answer of Fowle admits the co-partnership, commencing in 1804, and terminating by the death of T. Lawrason in 1819. That the wharf and warehouse were rented from the complainant, then the sole owner, in, 1804 at four hundred and fifty dollars per annum, which rent was placed to the complainant's credit, on the books of the firm, until the year 1808. That about that time great improvements were made, and the property became more valuable; but as no contract was made and no sum named by the complainant for the rent, after that time no further credits were given him. That during the existence of the co-partnership, the amount to be paid for the annual rent never was fixed. That after the death of his partner he called on the plaintiff for his account. That the account was rendered, and admitted by the defendant Fowle, except as to the rate of rent for one year only. That the account on its face purported to be for the rent of the whole of the wharf and warehouse, and was so understood by him when he admitted it. That no claim for rent had ever been made by his deceased partner, and that he expected the complainant and the representatives of his deceased partner would settle between themselves the proportion the latter was to receive. That some difference having arisen between the complainant and him relative to the account of the firm against the complainant, this, with the difference as to the amount of one year's rent, was submitted to arbitration. That the arbitrators made an award with which the defendant was perfectly satisfied, believing the credits allowed the complainant for rent were for the entire rent of the premises, that they were so understood to be by one of the two arbitrators. That on the award being returned, he communicated it to one of the administrators of his deceased partner, and requested him to call on the complainant, and adjust with him the proportion of rent to be allowed to the estate of his deceased partner, that he might charge it to the complainant, and credit the administrators of his partner with it; and then for the first time learnt that the complainant claimed the whole amount of credits allowed; not as the entire rent of the premises, nor under any contract or engagement with his son; but as his share of the rent, leaving the defendant Fowle, as surviving partner, still liable to the claims of the administrators of his deceased partner, for his share of the rent. That he endeavoured to prevail on the complainant to open the award on this point, and to consent to a valuation or estimate of his share of the rent, but failed in his attempt. That the complainant sued on this award, and that judgment was rendered in the defendant...