Harris v. Bradshaw
New York Supreme Court
THIS was an action of assumpsit, on the report of referees# The declaration stated a special contract between # . r the parties, by which the plaintiff sold to the defendant 310 pine trees, &c. for which the defendant was to give one dollar each, &c*; on which contract, the plaintiff, in May, 1811, brought an action of assumpsit against the defendant, in the Court of Common Pleas of Washington county, in which defendant pleaded non assumpsit; that on the 9 th of December,…
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THIS was an action of assumpsit, on the report of referees# The declaration stated a special contract between # . r the parties, by which the plaintiff sold to the defendant 310 pine trees, &c. for which the defendant was to give one dollar each, &c*; on which contract, the plaintiff, in May, 1811, brought an action of assumpsit against the defendant, in the Court of Common Pleas of Washington county, in which defendant pleaded non assumpsit; that on the 9 th of December, 1815, by the consent of the parties, a rule was entered in the Court of Common Pleas, ordering the cause to be referred to…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. This *s an action of assumpsit on the report of referees, or, as the plaintiff contends, on the award of arbitrators.
The plaintiff' insists, that as the original action did not involve the examination of long accounts, it was not referable under the statute, and that therefore it may be treated as a *27submission to arbitration, and then it becomes a proper subject of an action.
I am satisfied, that had the Court of Common Pleas given judgment for the plaintiff on the report, that such judgment would have been above all exception ; for although,…
2Cited by8 opinions
- Maas v. McEntegartAppellate Terms of the Supreme Court of New York · 1897
- Bucklin v. ChapinNew York Supreme Court · 1868
- Van Orden v. TildenNew York Court of Common Pleas · 1885
- Brink v. New Amsterdam Fire InsuranceThe Superior Court of New York City · 1867
- Messenger v. BroomWisconsin Supreme Court · 1846
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