Nichols & Fay v. Rensselaer County Mutual Insurance
New York Supreme Court
Demurrer to declaration. This was an action of debt on an arbitration bond in the penalty of $2000, bearing date 9th July, 1838, and executed by the.Rensselaer County Mutual -Insurance Company, to J. B. Nichols and B. F. Fay, assignees of John H. Adams; the condition of which after reciting “ that whereas a certain difference has arisen between the said R. C. M. I. Company, and the said John U Adams respecting a certain loss claimed to have been sustained by him, by and upon…
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Demurrer to declaration. This was an action of debt on an arbitration bond in the penalty of $2000, bearing date 9th July, 1838, and executed by the.Rensselaer County Mutual -Insurance Company, to J. B. Nichols and B. F. Fay, assignees of John H. Adams; the condition of which after reciting “ that whereas a certain difference has arisen between the said R. C. M. I. Company, and the said John U Adams respecting a certain loss claimed to have been sustained by him, by and upon his goods, wares and merchandize, which were insured by the said company; and whereas; it has been agreed, by the said…
1Opinion of the Court
By the Court,
Bronson, J.
The objection that the cause of action was not fully set out in the original writ does not' properly arise. The summons is no'part of the demurrer book, though it has been copied into it. McFarlan v. Townsend, 17 Wendell, 440.
Although costs were not in terms mentioned in the submission, the power of awarding them was incident to the authority conferred on the arbitrators. 14 Johns. R. 161; 2 Cowen, 638. The direction to pay “ the taxable costs of the witnesses” is sufficiently certain. It means such costs or fees as the witnesses are entitled to by law. See Kyd on…
2Cases cited4 opinions
- Thurston v. KochSupreme Court of the United States · 1800
- Schuyler v. Van Der VeerNew York Supreme Court · 1804
- Huy v. BrownNew York Supreme Court · 1834
- M'Farlan v. TownsendNew York Supreme Court · 1837
3Cited by20 opinions
- Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
- Munro v. AlaireNew York Supreme Court · 1805
- Reynolds v. ReynoldsSupreme Court of Alabama · 1849
- Thompson v. MitchellSupreme Judicial Court of Maine · 1853
- Dudley v. ThomasCalifornia Supreme Court · 1863
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