Pratt v. Hackett
New York Supreme Court
THIS was an action of debt, on an arbitration bond, conditioned to abide and perform the award of three arbitrators named, or any two of them, to be made in writing, under their hands and seals, ready to be delivered to the parties in difference, on or before the 20th December, 1808. The defendant pleaded, 1. no award ; 2. that no award under the hands and seals of the arbitrators, or any two of them, 'was on or before the 20th December, 1808, ready to be delivered to the…
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THIS was an action of debt, on an arbitration bond, conditioned to abide and perform the award of three arbitrators named, or any two of them, to be made in writing, under their hands and seals, ready to be delivered to the parties in difference, on or before the 20th December, 1808. The defendant pleaded, 1. no award ; 2. that no award under the hands and seals of the arbitrators, or any two of them, 'was on or before the 20th December, 1808, ready to be delivered to the defendant, &c. The plaintiff replied to the irs# plea, setting forth the award ; to the second plea, that although it was…
1Opinion of the Court
Kent, Ch. J.
In the case of Munro v. Allaire,‡ it was decided, that it was not necessary to aver, that the award was ready to be delivered; but it was suf*16ficient to allege that the arbitrators made and published this award, and the delivery would be implied.
Skinner. That case does not decide the point now raised, for the replication states that the award was ready to be delivered to the plaintiff.
2Per curiam
The demurrer in this ease is well taken. The authority given by the submission must be pursued. As the bond provided that the award must be ready to be delivered to the parties, it is no award until…
3Cases cited1 opinion
- Cuyler v. BradtCourt for the Trial of Impeachments and Correction of Errors · 1796
4Cited by4 opinions
- Squires v. AndersonSupreme Court of Missouri · 1873
- Peck v. EddingtonTennessee Supreme Court · 1814
- Martin v. McCormickSupreme Court of New Jersey · 1869
- Willard v. BickfordSupreme Court of New Hampshire · 1859