Legal Opinion

Barlow v. Todd

New York Supreme Court

Decided August 15, 1808PublishedCited by 10 opinions

THIS was an action of debt. The declaration was in the usual form for the penalty of an arbitration bond, dated the 9th January, 1807. The defendant, after craving oyer n , ■ . , . , ’ , , r of the condition, which was to abide the award or certain arbitrators therein named, to be made on the 2d February, 1807, or in a reasonable time thereafter, &c. pleaded that the arbitrators did not, at the time specified, or within a reasonable time thereafter, make an award, under…

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THIS was an action of debt. The declaration was in the usual form for the penalty of an arbitration bond, dated the 9th January, 1807. The defendant, after craving oyer n , ■ . , . , ’ , , r of the condition, which was to abide the award or certain arbitrators therein named, to be made on the 2d February, 1807, or in a reasonable time thereafter, &c. pleaded that the arbitrators did not, at the time specified, or within a reasonable time thereafter, make an award, under their . . hands and seals, of and upon the premises, submitted, &c. and concludes with a verification, &c. The plaintiff…

1Opinion of the CourtSpencer, J.

The very point made in this cause, arose in the case of Harding v. Holmes, [1 Wils. 122.] upon precisely the same state of pleadings. The defendant’s counsel gave up the point, and judgment was given for the ‘plaintiff. Upon the authority of the case of Roberts v. Mariet,§ the rejoinder in this case is a departure, for' by the.plea the defendant has denied that an award was made, and in the re*369joinder he admits that one was made. It is an established principle, that a rejoinder must maintain the plea, and cannot set forth any other matter at variance with it.

These, however, were cases decided…

2Cases cited1 opinion

  1. M'Kinstry v. SolomonsNew York Supreme Court · 1806

3Cited by10 opinions

  1. Matter of WilkinsNew York Court of Appeals · 1902
  2. Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
  3. In re the award between Williams & GoodrichNew York Supreme Court · 1847
  4. McNulty v. PrenticeNew York Supreme Court · 1857
  5. Truesdale v. StrawSupreme Court of New Hampshire · 1877

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