Stevenson v. Beecker

Decided August 15, 1806

New York Supreme Court · decided 1806-08-15

JONES, for the defendant, moved for judgment as in case of nonsuit in this cause, upon a report of referees. After the cause was at issue, the parties agreed to submit, it to referees, and that their report should be conclusive i and that if they decided in favour of the, defendant, he should be entitled to a judgment of nonsuit. 'A

Decided 1806-08-15

Per Curiam.

¶1The submission to referees was in nature of an arbitration. The case does not appear to be such as required the examination of long accounts, or proper to be referred under the act. It comes, therefore, within the reason of our decision of Miller & Underhill v. Vaughan.* There is no pretence of misbehaviour in the referees, and the parties having agreed that their report should b.‘ conclusive, they must abide by it. We give no opinion on the merits.

¶2Rule granted.

¶3Ante, 315.