Jone

We can see no legal objection to the plaintiff’s right of recovery. *346 Treating the finding of the arbitrators either as an award or a statement of balances struck between the parties, the defendant is equally liable.

While it is true that one partner cannot bind his copartner by asubmission of partnership matters to arbitration, it does not follow that such submission would not be good as against himself.

It is perfectly competent for him to resort to any mode to ascertain and settle a demand against himsself. The award must be taken as conclusive against Bailey. It has been suggested, however, that the judgment is erroneous, because the $1,110.11, found for the plaintiff is the whole amount of the profits of partnership, and that the plaintiff was only entitled to recover one-third of that amount; such is not the case.

A careful examination of the award of the arbitrators, taken in connection with the terms of the partnership, as disclosed by the record, shows that this is not a controversy as to profits at all, but only as to tho amount received by Bailey & Gilbert for sales of oil, on joint account of the three partners. The award of the arbitrators shows that they had…