Grier v. Grier
SUPREME COURT of Pennʃylvania:
GRIER et al. verʃus GRIER.
A
FTER argument by Bradƒord and Sergeant for the Plaintiffs, and Wilcocks and Ingerʃol for the Defendant, THE CHIEF JUSTICE delivered the judgment of the court in this caufe.M‘KEAN, Chieƒ Juʃtice.− This is an action of debt upon an arbitration bound ; the Defendant prayed Oyer of the obligation and condition ; the condition was to fubmit to the award of five perfons, concerning ‘‘ the exchange of a number of loan office certificates, and of, upon and concerning an action of flander now depending between the faid parties,’’ and alfo of all other matters, differences, and demands &c. The Defendant thereupon pleaded, that the arbitrators made no award. The Plaintiffs replied, and fet forth an award, whereby (among other things) the arbitrators did award and order, ‘‘ that in confideration of the lofs fuftained by the exchange of certificates between John Grier deceafed, and the faid Joʃeph Grier, fenior , the faid Joʃeph Grier, pay to the executors of the faid John Grier, the fum of one hundred and feventy five pounds ; and then the Plaintiffs aver, that they are the executors of the teftament and laft will of the faid John Grier, deceafed, in the fiad award mentioned and intended, and that to them the faid fum of Ł.175 by the faid writing of award was ordered to be paid by the faid Joʃeph Grier, fenior. To which the Defendant demurred, and the Plaintiffs joined in demurrer.
The exception taken to this award is, that the Ł. 175 were ordered to be paid by the Defendant to the Executors oƒ John Grier,
1786.
deceaʃed who are Strangers, and that an award cannot be holpen by an averment, but muft be expounded by itfelf and nothing debors. In fupport of which, the Defendant counfel cited, 1 Bacon's Abr. 139. Hob. 49. Carth. 157. Godbold 13. Dyer. 242. 1 Ld. Raym. 123. 1 Bac. Abr. 141. and Law oƒ Arbitrators 119.
For the Plaintiffs, it was argued by their counfel, 1ft. That it appears fufficiently on the face of the award, that the Plaintiffs are the executors of John Grier, by a fair and probable prefumption. 2d. That an averment may be of any thing not inconfiftent with the award. 3d. That the executors of John Grier, deceafed, are perfons certain and known. And, laʃty, that if the executors were ƒtrangers, yet the award is good ; for the Defendant ought to have rejoined, that the executors were ftrangers. For which pofitions were cited 1 Burr 277. 1 Bacon Abr. 135. 139. 141. 145. 147. 1 Ld Raym. 612. 246. 533. Cro. Jac. 200. 354. Cro Ellis. 858. 8. Co. 98. 3 Vin. Abr. 121. Comyns 329. Carth. 136. & Leon. 316. 3 Leon 62.
It may not be amifs to obferve, that the rules eftablifhed in England before the revolution, refpecting the conftruction of awards, have been more liberal and favorable than formerly; that many of the nice diftinctions to be met with in our law books, are by no means to be admitted as precedents in expounding awards at this day ; and that, as arbitrators are judges of the parties own choofing, fore the furtherance of juftice, and quieting of controverfies, the courts have of late conftrued their awards with great latitude, and according to their intention, appearing from the words of the whole. 1 Burr. 277. 1 Bacon Abr. 130.
However, two of the effentials in awards are, that they fhould be certain and final. By the condition of the bond in this cafe it appears, that a particular controverfy between the parties was, ‘‘ about the exchange of a number of loan office certificates,’’ and, by the award, the Defendant is ordered, to pay to the executors of John Grier, deceafed, Ł. 175 in confideration of the lofs fuftained by the exchange of certificates between the land John Grier and him. From thefe it may be collected, and the meaning of the arbitrators feems to be, that a loʃs had been fuftained by the exchange of certain loan office certificates between a certain John Grier, deceafed, and the Defendants, that this loʃs affected the Plaintiffs in fome way or other, becaufe it was made an exprefs article in the fubmiffion, and that the payment of the money to the executors of John Grier fhould determine the controverfy on this account. John Grier, deceafed, has executors, who they are may be eafily afcertained ; as eafily as the coʃts of an action, ot the charges of a voyage, which have been adjudged to be good awards, becaufe they can be reduced to a certainty. 3 Cro. 383. Beale v. Beale. and I Rolls Abr. 251. So that this award appears to be certain enough. Befides, if the executors are confidered as ʃtrangers yet, by the better authorities, and award to pay money to them fhall be intended for the benefit of the Plaintiffs, and that they , being the fubmittants, were either the
executors, or authorized by them, unlefs the contrary appear. 1Salk 74. 3 Leon. 62.
With refpect to the obfervation, that an award is to be interpreted by its own words, and not by any matter out of it, it is law ; but when the words of an award have relation to things certain, out of the award, thefe things may be averred. 1 Rolls Abr. 264. Stile 365. S.C. And, therefore, as the Executors of John Grier deceafed are perfons certain, we think that it may be averred, who they are by name, as has been done by the replication in the prefent cafe, were fuch averment neceffary ; for it is only explaining more particularly what was contained in the award itfelf.
Upon the whole, the court is of opinion, that the award in this safe is good. Let judgment be entered for the Plaintiffs.