Allen v. Watson
New York Supreme Court
THIS was an action of debt, on a bond in the penalty of 500 dollars, dated the 17th of October, 1817, payable on demand to the plaintiff, and conditioned for the performance of the award of three persons therein named, or of any two of them, of all matters in controversy between the parties, and of the costs of all suits commenced, or depending between them, and the costs of the arbitration, so as the award should be made by the arbitrators, or any two of them, in writing,…
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THIS was an action of debt, on a bond in the penalty of 500 dollars, dated the 17th of October, 1817, payable on demand to the plaintiff, and conditioned for the performance of the award of three persons therein named, or of any two of them, of all matters in controversy between the parties, and of the costs of all suits commenced, or depending between them, and the costs of the arbitration, so as the award should be made by the arbitrators, or any two of them, in writing, and under seal, ready to be delivered to the parties, on or before the first day of January next ensuing, the date of the…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
The points are, !.• Whether the rejoinder is a departure from the plea, and, therefore, vicious; 2. Whether, and how far, the defendant could revoke the authority given to the arbitrators by the bond; and, 3. Whether notice of the revocation should not have been averred.. A departure in pleading is, where one defence is abandoned or departed from, which was first made, and recourse is had to another; and when the second plea contradicts the first plea, and does not contain matter pursuant to it, going to support and fortify it. The principal…
2Cases cited1 opinion
- Hodges v. SuffeltNew York Supreme Court · 1801
3Cited by16 opinions
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- Burnside v. WandSupreme Court of Missouri · 1902
- Matter of Feuer Transportation, Inc. (Local No. 445)New York Court of Appeals · 1946
- People Ex Rel. Union Insurance Co. of Philadelphia v. NashNew York Court of Appeals · 1888
- Bloomer v. ShermanNew York Court of Chancery · 1836
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