Stanton v. Henry
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. TIenry brought an action of assumpsit, on a book account, against Stanton, before a justice. The defendant set up, in bar of the . , „ , . .... , action, an award of arbitrators on a submission between the parties. The bonds of submission contained a proviso, that the award should be in writing under the hands and, seals of the ° e e arbitrators.
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IN ERROR, on certiorari, from a justice’s court. TIenry brought an action of assumpsit, on a book account, against Stanton, before a justice. The defendant set up, in bar of the . , „ , . .... , action, an award of arbitrators on a submission between the parties. The bonds of submission contained a proviso, that the award should be in writing under the hands and, seals of the ° e e arbitrators. The award produced was in writing, and signed by the arbitrators, but not under their seals; and, on that ground, it was rejected by the justice. The plaintiff’s account consisted of sundry articles,…
1Per curiam
In the case of Sallours v. Girling, in the ex chequer chamber, (Cro. Jac. 278. note,)(a) it was ruled tha where the bond of submission provided that the award shoul be under the hands and seals of the arbitrators, an award unde their hands, but without seals, was not good. This is an autho rity in support of the decision of the justice. Independent o this, however, the judgment ought to be affirmed; for it appears that a very great proportion of the plaintiff's account aros after the submission, and so could not be affected by the award admitting it to be valid.
Judgment affirmed, (b)
3 Vin.…
2Cited by4 opinions
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