Shepard v. Merrill
New York Court of Chancery
[ * 277 ] THE bill stated, that the plaintiff, on the 12th of March, 1814, demised to the defendants a farm of 150 acres, with certain furniture, stock, and farming utensils thereon, for the term of four years, commencing May 1st, 1814, at the yearly rent of 60Q dollars, payable quarterly.
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[ * 277 ] THE bill stated, that the plaintiff, on the 12th of March, 1814, demised to the defendants a farm of 150 acres, with certain furniture, stock, and farming utensils thereon, for the term of four years, commencing May 1st, 1814, at the yearly rent of 60Q dollars, payable quarterly. That differences having arisen, afterwards, between the parties, on the subject of the lease, they, on the 18th of April, *1815, by an agreement under their hands and seal, in order to settle their dispute, and to rescind the lease, submitted the same to arbitration. This agreement was as follows:—“ It is…
1Opinion of the Court
The Chancellor.
[ * 280 ]
There is no ground stated, and proved, for the interference of this Court. The question of rent was not submitted. This is admitted by the bill and answer. Whether the rent had been liquidated up to the day of the surrender and submission, and paid, or otherwise settled, or whether it was due or not, or would be due and payable on the first of May, were questions not within the submission, and they did not enter into the consideration of the arbitrators, or into their award. There is then no mistake in the award, either alleged or proved, and, consequently, no ground…
2Cited by2 opinions
- People's Bank v. . MitchellNew York Court of Appeals · 1878
- Roop v. BrubackerSupreme Court of Pennsylvania · 1829