Becker v. . Boon
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial. The complaint in this action contained two counts; the first for an alleged balance due upon account from defendants, as copartners; the second setting forth an arbitration between the parties, and an award in favor of plaintiff for the sum of fifty-two dollars and forty cents, and one year’s interest. The answer contained: First. A general denial. Second. An arbitration and award substantially…
1Opinion of the Court
Earl, C.
The plaintiff, in his complaint, among other things, claimed that defendants were indebted to him upon an award of arbitrators in the sum of fifty-two dollars and forty cents. The defendants, in their answer, set up the same award, and allege that on or about the 5th day of November, 1869, they tendered to plaintiff fifty-two dollars and forty cents, which he refused, solely upon the ground that he was entitled to interest thereon for' one year, and they further alleged that, from the making and delivery of the award, they had, at all times, been ready and willing to pay the sum…
2Cases cited2 opinions
- Brown v. FergusonNew York Supreme Court · 1846
- Simpson v. FrenchThe Superior Court of New York City · 1863
3Cited by43 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Murray v. O'BrienWashington Supreme Court · 1909
- Cass v. . HigenbotamNew York Court of Appeals · 1885
- Wilson v. . DoranNew York Court of Appeals · 1888
- Mann v. . SproutNew York Court of Appeals · 1906
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