French v. New
New York Supreme Court
THIS was an action brought to recover of the defendant the last two installments of rent due upon a lease under seal, executed by the defendant to the plaintiff, commencing on the 1st day of April, 1849, and ending April 1,1852. The plaintiff claimed to recover the amount of the rent and interest, and also damages, in Consequence of the non-performance by the defendant of certain covenants in the lease.
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THIS was an action brought to recover of the defendant the last two installments of rent due upon a lease under seal, executed by the defendant to the plaintiff, commencing on the 1st day of April, 1849, and ending April 1,1852. The plaintiff claimed to recover the amount of the rent and interest, and also damages, in Consequence of the non-performance by the defendant of certain covenants in the lease. The execution of the lease, which was dated March 16,1849; was admitted by the pleadings, and it was read in evidence on the trial at the Sara-toga circuit, in Oct. 1854. The defendant set up…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
It is insisted on the part of the plaintiff, that in order to make a valid award, the arbitrators must pursue the authority contained in the submission, strictly, as to the form, manner and time of its execution. There is little doubt but that the parties could give to the *485arbitrators such powers as they pleased, and that they (the arbitrators) were required to do as they were directed by the submission bond. This, as a general principle, cannot be disputed. (Allen v. Galpin, 9 Barb. 246, 250. 11 John. 133. 6 id. 14. Cowen & Hill’s Notes, 1030.) The great…
2Cases cited24 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- Valentine v. ValentineNew York Court of Chancery · 1847
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3Cited by8 opinions
- Barton v. GrayMichigan Supreme Court · 1885
- Illinois Central Insurance v. WolfIllinois Supreme Court · 1865
- Payne v. CrawfordSupreme Court of Alabama · 1892
- Pierce v. PierceNew York Supreme Court · 1857
- Darling v. DarlingWisconsin Supreme Court · 1863
3 more not listed; retrieve them via the Exa API.