{ "id": 8682023, "name": "M. PATTON, ADM'R OF J. BAIRD vs. WILLIAM R. BAIRD", "name_abbreviation": "Patton v. Baird", "decision_date": "1851-08", "docket_number": "", "first_page": "255", "last_page": "261", "citations": [ { "type": "nominative", "cite": "7 Ired. Eq. 255" }, { "type": "official", "cite": "42 N.C. 255" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "3 Dev. 531", "category": "reporters:state", "reporter": "Dev.", "case_ids": [ 8698417 ], "opinion_index": -1, "case_paths": [ "/nc/14/0531-01" ] }, { "cite": "3 Dev. 531", "category": "reporters:state", "reporter": "Dev.", "case_ids": [ 8698417 ], "opinion_index": 0, "case_paths": [ "/nc/14/0531-01" ] } ], "analysis": { "cardinality": 552, "char_count": 10725, "ocr_confidence": 0.445, "pagerank": { "raw": 3.5178033623384996e-07, "percentile": 0.8836393550357569 }, "sha256": "3cdf5e99b93bf897a3f501238da643de0bf35cb5db4fb271ee91206e9a1b30b8", "simhash": "1:696bfe96e04631d8", "word_count": 1909 }, "last_updated": "2023-07-14T20:41:16.136784+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "M. PATTON, ADM\u2019R OF J. BAIRD vs. WILLIAM R. BAIRD." ], "opinions": [ { "text": "PeaiisoN, J.\nThe intestate and the defendant had for' several years, dealt as partners in buying and selling land and other property ; and on the 20th day of December, 1844, made a final settlement and division. They then agreed to deal as partners in buying, raising, and selling cattle, sheep and hogs; which copartnei\u2019ship continued until the death of the intestate in 1848, when the plaintiff administered and delivered to the defendant his share of such of the cattle, &c., as were in the possession of his intestate, and received of the defendant his intestate\u2019s share of such of the cattle, &c., as were in the possession of the defendant. The intestate and the defendant had also after 1844, purchased and held, as partners, two parcels of land \u2014 -the-Roberts and the Kelyon tracts \u2014 and had, as partners, built a'house and made\u2018a large quantity of brick.\nThe bill charges, that the intestate paid much more than his share of the price of the Roberts tract, and contributed more than his share of the labor and incidental expense in building the house and making the brick. The copartnership extended to horses and mules, as well as cattle, &c., \u25a0 and the defendant had on hand a number \u00f3f mules belonging to the firm, which he refused to divide. It also extended to the family expenses of the partners, and the defendant refused to pay the one half of the debts, contracted by the intestate for the support of his family. And there are- ' many outstanding debts contracted for the firm, and for which the intestate had given his individual notes. The prayer is for an account.'\nThe defendant alleges, that he bas paid his full share of the price of the land, and contributed his full share of labor and expense in building the house and making the brick, or nearly so, and, if he is at all in arrear, he is willing to pay whenever the amount is ascertained. He denies, that, after December, 1844, the copartnership extended to any thing, except buying, i aising, and selling cattle, sheep, and hogs, and except the purchase of the two tracts of land and the house and brick. And he denies, that there are, to his knowledge, any notes given by the intestate for cattle, sheep, or hogs, or for which the firm was otherwise bound, except three \u2014 one to the administrator of Wolf, of which a small part was for the purchase of cattle ; one to Alexander, and one to Wilson; and of these he has paid, or is willing to pay, his part; and, if there be any others, for which the firm is liable, he is willing to pay his part.\nUpon the coming in of the answer, the cause was referred by a rule of Court. The arbitrators made their award,, and filed it on the 5ih of March,, 1851, as follows;.\n\u201cM. Palton, Adm\u2019r of Israel Baird, dec'd. vs. Wm. R, Baird.\nThis case having been referred to the undersigned for-settlement,, and we having examined complainant\u2019s bill and defendant\u2019s answer thereto, also heard the testimony introduced by the parties, and argument of counsel thereon, beg leave to report the following, as the result of our investigation, to wit \u2014 First: That Israel Baird and Wm-. R. Baird: were joint owners of two tracts of land, purchased since-. December 20th, 1844, to wit: the Pearce Roberts or Cas-suda, and the Lester or Kelyon tracts; and that the claim of the said defendant to. the half of the sale thereof is right,.\n\u201c Second : That they were jointly interested in the buying, raising, and selling of cattle, sheep, and hogs; but not in horses an,d mules.\n\"Third: That the debt to the estate of W. Wolf for 'stock is joint, except $>47, that being the individual debt of the defendant, Wm. R. Baird ; also the debt to the estate of N. Alexander is joint; the debt clue to F. M. Wilson is made up of $37 or $38, due by I. Baird, and $7 or $8 by said W. R. Baird : all outstanding debts for cattle, if any such, are joint,\n\u201cFourth : The debt of $425 is chargeable to L Baird\u2019s estate, and due to said W. R. Baird.\n\u201cFifth: We charge defendant with $125, it being a deficiency on his part in work and furbishing lumber towards making the 60,000 bricks and building house; which sum the said defendant is to pay to the plaintiff.\n\u201cAny other charges in said bill, we consider a's settled, dnd need not be especially mentioned in this report.\n\u201c All of which is respectfully submitted,\nJAS. W. PATTON,\nW'. U. RANKIN,\nJAS. M. SMITH-.\u201d\n'\u201cMarch 5th, P85P.\nAt April Term, 1851, the plaintiff moved to set aside the award, because it was uncertain in many particulars-, 'and because it was not final,\nThe defendant insisted, that the award was valid ; but to pbviate all objections, moved the Court to allow the arbitrators, (who were then present,) to withdraw the award and amend it, so as to. make it certain and final. To this .\u2019the plaintiff objected, The Court refused the njoti\u00f3n, and 'set aside the award.\nThe objection, because of the omission -to decide as to 'the costs, cannot be sustained. In such cases, each party 'pays his own costs.\nAll of the other objections, except two, are met by the rule, \u201c id cerium esi, quod cerium reddipotest.\u20191 The seeming uncertainties can be removed by reference to the pleadings, and by simple calculation.\n\u2019This part \u2014 ' the debt to Wilson is made up 'of $37 or $38, d\u00fae by J. Baird, and $7 Or $8, due by W. R. Baird\u201d-^ is uncertain, and cannot be aided by the above rule. It is a small matter, and, probably-, might be obviated by the defendant\u2019s submitting to 'take it most strongly against himself. We would consider of this, but for the fact, that the other objection fe fatal-.\nThe award is not final in this : \u201c All outstanding debts for cattle, if any such, are joint.\u2019\u2019 Thus, upon its face, leaving the question, which of the outstanding debts are for cattle ? open for further litigation,\nThe object of a submission is, to put an end to litigation in reference to all 'matters embraced in it. If this object is not completely answered, the consideration of the agreement fails, and either party may insist upon setting aside the award, and claim the right 'to stand in \u201c statuo quo.1'\u2019 That an award must be final, is a settled rule, in reference to all submissions. Where it is a rule of Could-, besides the reason above stated, there is the further one, that, unless it be final, the Court cannot enforce it. In this State, judge-ments are entered upon such awards, and the parties are then out of Court; Simpson v McBee, 3 Dev. 531.\nNo judgment \u00f3a\u00f1 be rendered upon this award; and, consequently, the Court cannot enforce it. Suppose the plaintiff pays off a note of the intestate, and insists it was 'given for cattle. The defendant insists it Was given for family expenses! or mules. The parties being out of Court, this question can Pnly be settled by another suit.\nIt is said, however, there is no evidence of the existence of any other debt for cattle, except the three set out in the award. The reply is, the award, upon its face, leaves this 'question open, and the plaintiff has had no opportunity, and has not been called on, to show, whether there be any other such debts, or- not. There are many outstanding debts against the intestate. The defendant can only, in a qualified manner, say, none of them, within his knowledge, are for cattle ; and he supposes the possibility of such a thing, by saying, if there be any such, he is willing to pay his part, whenever the fact is ascertained.\nHow is it to be ascertained ? The arbitrators ought to have come to a conclusion upon the subject, and made it a part of the award. To do so, it was necessary to take an account of the debts of the firm, to call on the plaintiff to show what debts, if anj'-, were contracted for cattle, sheep, or hogs, and to decide definitely, how far the defendant was liable to contribute. This would have concluded th.e pasties, and put an end to all controversy.\nThe confident belief o.f the defendant, that there are no such debts, increases the probability of renewed litigation, should the plaintiff come to a different conclusion in regard to any of the debts. It is, therefore, apparent, that the submission has not answered the purpose for which it was intended \u2014 the consideration moving to it has, (to some extent, at least,) failed; and the plaintiff, consequently, has a right to insist upon being allowed to pursue his remedy before the regular tribunal, in which his suit is instituted.\nThe motion to allow the arbitrators to withdraw the award and amend it, was properly refused. After an award is made, the arbitrators are \u2018\u2018f\u00fcncli oficia,\u201d and have no more power to alter it, than a jury has to change their verdict, alter it is rendered, and they are discharged.\nit may not be amiss to add : arbitrators are no more bopnd to, go into particulars, and assign reasons for their award, than a jury is for its verdict. The duty is best discharged by a simple announcement of the result of their investigations,.\nThe arbitrators have announced no conclusion upon the tWQ questions, which, we have considered ; and the effect of the defendant\u2019s motion is, to, refer the matter back, so, that they may decide upon questions which they had left undecided. This the Court had no power to order or allow, without the plaintiff\u2019s consent.\nAlthough disposed to sustain awards, we feel obliged to concur with his Honor, There is no error.\n\u2022 This opinion will be certified; and the cause will proceed, as if there had been no reference.\nPer Curiam.- Ordered accordingly.", "type": "majority", "author": "PeaiisoN, J." } ], "attorneys": [ "N. W. Woodfin for the plaintiff!", "J. W. Woodfin and J, Baxt&r for the defendant," ], "corrections": "", "head_matter": "M. PATTON, ADM\u2019R OF J. BAIRD vs. WILLIAM R. BAIRD.\nThe abject of a submission' to an arbitration, is to put an end to litigation, and therefore, the award must be final; and if it is not final, and thus the objects* of the arbitration not completely answered,-the consideration of the agreement fails, and either party may insist upon setting it aside, and claim thg right to stand in sl-aluo quo.\nWhere the arbitratiojn is a rule of Court, there is a further reason, that, unless the award be final, the Court cannot enforce it. In this State, judgments' are entered upon such awards, and the parties are then out of Court.\nAfter an award has been made, the arbitrators aro juncti officio, and have ntf more power to alter it, than a jury hitve to change their verdict, after it rendered, and they discharged.\nArbitrators are no more bound to go into particulars, and assign reasons !pi their atvard, than a jury are for their verdict. Their duty is best disch?|,< gad by\u2019a simple announcement of the result of their investigations.\nThe esse of Simpson v McBe'e, 3 Dev. 531, cited and approved,\nAppeal from the Superior Court of Equity of Buncombe County, Spring Term, 1851, his Honor Judge Settle pre* siding.\nN. W. Woodfin for the plaintiff!\nJ. W. Woodfin and J, Baxt&r for the defendant," }, "file_name": "0255-01", "first_page_order": 267, "last_page_order": 273 }