Chaplin v. Kirwan

SEPTEMBER TERM, 1786. Chaplin v. Kirwan. Arbitrators. Referees have no right to examine a witness exporte. The referees in this case had allowed ex parte evidence to be given, of the current price of coachmakors’ work, at the time when the cause of action accrued. For this reason, the defendant moved to set aside their report. And— [MAJORITY — By the Court.] By the Court. If referees make inquiries abroad, to ascertain for their own satisfaction, the price of work, or the truth of any other matter, which may be said, comparatively, to be of a public nature, this, so far from being irregular, would be highly commendable. But it is a very different case, when they proceed separately to examine a witness, who has been produced by one of the parties, although the evidence relates only to those general points. The adverse parties should have an opportunity of cross-examining the witness, The report set aside. See Hollingsworth v. Leiper, ante, p. 161, and the notes.