Munro v. Alaire
New York Supreme Court
ON demurrer. The plaintiff declared in debt on a bond, the condition of which, as set out on the oyer, stated “ that sundry controversies subsisted between the plaintiff and the defendant, and Callicia Alaire, touching the division fences between their farms, at Mamaroneck, and sundry roads and paths claimed by each party, and divers other matters and that being desirous of terminating the said controversies equitably, they had submitted to the award of Jonathan Ward and…
Read the full summary
ON demurrer. The plaintiff declared in debt on a bond, the condition of which, as set out on the oyer, stated “ that sundry controversies subsisted between the plaintiff and the defendant, and Callicia Alaire, touching the division fences between their farms, at Mamaroneck, and sundry roads and paths claimed by each party, and divers other matters and that being desirous of terminating the said controversies equitably, they had submitted to the award of Jonathan Ward and Samuel Youngs, as arbitrators, touching the premises, so 'that it be made, in writing, ready to be delivered on or before…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. Upon the record now before the court, the material questions that are raised respect the replication. The counsel for the defendant contend it is bad; 1. Because there was no averment that the award was in writing, or ready to be deliv*325ered; 2. Because tbe award set forth orders matters to be done that were not in tbe submission; 3. Because tbe award is not mutual, as tbe plaintiff’s deed was to contain a reservation, and as bis general release was not to be made till tbe defendant bad performed tbe award on bis part; 4. Because tbe assignment of…
2Cases cited2 opinions
- Nichols & Fay v. Rensselaer County Mutual InsuranceNew York Supreme Court · 1839
- Hays v. HaysNew York Supreme Court · 1840
3Cited by12 opinions
- Shelton v. AlcoxSupreme Court of Connecticut · 1836
- Jones v. . WelwoodNew York Court of Appeals · 1877
- Holmes v. . HubbardNew York Court of Appeals · 1875
- Andrus v. WaringNew York Supreme Court · 1822
- Richards v. DrinkerSupreme Court of New Jersey · 1796
7 more not listed; retrieve them via the Exa API.