Allen v. Galpin
New York Supreme Court
Demurrer to declaration. The action was deht upon an award. The declaration contained three counts, in each of which a contract of submission, under the hands and seals of the parties, was set out as follows: “ This agreement between Aaron P. Allen of the town of Exeter, county of Otsego, and state of New-York, and Horace Galpin, of the town, county and state aforesaid, witnesseth: That, whereas, the aforesaid Aaron P. Allen is about to leave this town: whereas, he believes…
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Demurrer to declaration. The action was deht upon an award. The declaration contained three counts, in each of which a contract of submission, under the hands and seals of the parties, was set out as follows: “ This agreement between Aaron P. Allen of the town of Exeter, county of Otsego, and state of New-York, and Horace Galpin, of the town, county and state aforesaid, witnesseth: That, whereas, the aforesaid Aaron P. Allen is about to leave this town: whereas, he believes that the necessity of his leaving arises from certain influences which he thinks were wrong: whereas, he thinks he has…
1Opinion of the Court
By the Court, Cady, J.
The question in the cause is, does the plaintiff’s declaration show that the arbitrators had any power to make the award declared on 1
Unless the plaintiff has shown that the arbitrators had authority to make the award, the declaration must be bad in substance, and the award itself must be void.
The agreement between the parties does not, in terms, authorize the arbitrators to make an award that one party shall pay the other any sum of money in full payment, discharge .and satisfaction of and for all damages and loss sustained by any specified matter. The defendant agreed…
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