Gonsales v. Deavens
Supreme Court of Pennsylvania
Writ of error to Northampton county. It appeared by the record, that debt was brought on an arbitration bond, dated 6th June 1793, to perform an award, so as the same was made in writing before the 1st January then next. Plea nut award.
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Writ of error to Northampton county. It appeared by the record, that debt was brought on an arbitration bond, dated 6th June 1793, to perform an award, so as the same was made in writing before the 1st January then next. Plea nut award. Deavens the plaintiff below, set forth in his replication, an award dated 5th October 1793, by which it appeared, that the arbitrators award as follows, to wit: “ That the said S. G., J. W., J. T. and B. B. should pay to the said J. B. 8127. 2s. on the 4th June then next, and should execute to him a release of all actions before the 6th June 1793 ; on payment…
1Opinion of the Court
By the court.
Awards are now considered with greater latitude and less strictness than formerly. 1 Burr. 277. 1 Dall. 174:. For the benefit of society critical niceties are discouraged. But they must have two properties, and be certain and final. We cannot presume any thing to overturn an award. 2 Atky. 505. And it is sufficient for the defendant in error, if we cannot collect from the award itself, considered as an instrument, that he had no claim whatever to the bonds and receipts, directed to be assigned over to the use of the now plaintiffs, at their risk and costs.
Let the judgment be…
2Cited by5 opinions
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