Fidler v. Cooper
New York Supreme Court
Arbitration and award. The plaintiff declared in assumpsit on the money counts. The defendant pleaded the general issue and a special plea, that after making the promises, &c., and before the exhibition of the plaintiff’s bill, to wit, on, &c. at, &c., the plaintiff and one G. H. Ryckman, and the defendant submitted themselves by mutual bonds of submission, and engaged to abide the award of A. S., T. V. V. and I. W., or any two of them, arbitrators mutually named, elected…
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Arbitration and award. The plaintiff declared in assumpsit on the money counts. The defendant pleaded the general issue and a special plea, that after making the promises, &c., and before the exhibition of the plaintiff’s bill, to wit, on, &c. at, &c., the plaintiff and one G. H. Ryckman, and the defendant submitted themselves by mutual bonds of submission, and engaged to abide the award of A. S., T. V. V. and I. W., or any two of them, arbitrators mutually named, elected and chosen by the said plaintiff and Ryckman, and by him the said defendant, to arbitrate, award, order, adjudge and…
1Opinion of the Court
By the Court,
Bronson, J.
The replication is bad for duplicity, and the demurrer is special. The pleader has attempted to put several things in issue : first, that the demands mentioned in the declaration were not in fact submitted ; second, that the parties did not intend to submit those matters; third, that the arbitrators did not award up on those matters; and fourth, that the arbitrators did not direct a release as mentioned in the plea, nor any release of the cause of actions mentioned in the declaration.
The replication is also objectionable on other grounds. It alleges that the demands…
2Cases cited2 opinions
- Booth v. SmithNew York Supreme Court · 1830
- Harris v. WilsonNew York Supreme Court · 1828
3Cited by16 opinions
- Bellinger v. CraigueNew York Supreme Court · 1860
- Crawford v. WilsonNew York Supreme Court · 1848
- Indiana Central Railway Co. v. BradleyIndiana Supreme Court · 1855
- Barker v. Belknap's EstateSupreme Court of Vermont · 1866
- Ott v. . SchroeppelNew York Court of Appeals · 1851
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