Sherron v. Wood
Supreme Court of New Jersey
This was an action of debt on an arbitration bond. The plaintiff declared in common form for the penalty of the bond. The defendant pleaded six different pleas — to the fourth and fifth of which the plaintiff has demurred. First plea, no a^ard, after oyer of bond and condition. Second plea sets forth the awatd and.alleges non performance by plaintiff. Third plea, no notice of the making of the award.
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This was an action of debt on an arbitration bond. The plaintiff declared in common form for the penalty of the bond. The defendant pleaded six different pleas — to the fourth and fifth of which the plaintiff has demurred. First plea, no a^ard, after oyer of bond and condition. Second plea sets forth the awatd and.alleges non performance by plaintiff. Third plea, no notice of the making of the award. Fourth plea, that the said William Sherron ought notto have or maintain his aforesaid action thereof against him, because he says that he the said John S. Wood, was by the said arbitrator, denied…
1Opinion of the CourtEwing, C. J.
The questions in this case arise upon demurrers filed by the plaintiff to two of the defendant’s pleas. The action is brought on an arbitration bond, under which the arbitrator has made an award in favor of the plaintiff. In the fourth plea, the defendant says, that “ he was by the arbitrator denied the privilege of hearing and examining witnesses, relative to the accounts in controversy, and that the arbitrator heard the plaintiff and examined his witnesses, ex parte, in the absence of the defendant and without notice to him to be present and attend at such hearing and examination. In the…
2Cases cited3 opinions
- Malcom v. RogersNew York Supreme Court · 1823
- M'Kinstry v. SolomonsNew York Supreme Court · 1806
- H. & T. C. R'y Co. v. HollingsworthCourt of Appeals of Texas · 1884
3Cited by2 opinions
- Kearny PBA Local 21 v. Town of KearnySupreme Court of New Jersey · 1979
- Kearny PBA Local 21 v. Town of KearnySupreme Court of New Jersey · 1979