James v. Walruth
New York Supreme Court
THIS was an action of debt on an award. The decíaration, after setting forth the penalty of the bond, count- . . ... . - . . . - . n ea on the condition, submission and award. After statlng the submission of all controversies, &c. between the Parties>to three arbitrators, and to abide the award of them, or any two of them, &c.
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THIS was an action of debt on an award. The decíaration, after setting forth the penalty of the bond, count- . . ... . - . . . - . n ea on the condition, submission and award. After statlng the submission of all controversies, &c. between the Parties>to three arbitrators, and to abide the award of them, or any two of them, &c. “ then the obligation to * . . • ° be void, or otherwise to remain in full force and virtue,” . it proceeded, “ and whereas, there Was also a suit dependjng,” &c. “ against the plaintiff, in favour of David Fisk, the said arbitrators were also to take the said suit in-,…
1Per curiam
The case does not profess to state the testimony given at the trial. It is impossible to discover, from this very defective case, what point was intended to be reserved for the opinion of this court, except it be the question touching the variance between the declaration, as contained in the N. P. record, and the declaration, as served upon the defendant’s attorney. But as true copies of the bond and award are admitted to have been served, and as the N. P. record and the proof corresponded, and as the defendant, instead of demurring specially, for the variance between the award as set forth…
2Cited by2 opinions
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