De Long v. Stanton
New York Supreme Court
THIS was an action of covenant, on a bond conditioned for filó performance of an award. The cause was tried at the Orange circuit in September, 1811. The declaration stated that certain controversies, disputes and differences, having arisen, and being depending between the plaintiff and defendant, on a certain day, in the said declaration mentioned, the said plaintiff and defendant mutually entered into bonds of arbitration, which were respectively conditioned “ to stand to,…
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THIS was an action of covenant, on a bond conditioned for filó performance of an award. The cause was tried at the Orange circuit in September, 1811. The declaration stated that certain controversies, disputes and differences, having arisen, and being depending between the plaintiff and defendant, on a certain day, in the said declaration mentioned, the said plaintiff and defendant mutually entered into bonds of arbitration, which were respectively conditioned “ to stand to, abide, perform, See., the award, order, See. of David Ayres and Thomas Evertson, of the town of Deer Park, in the…
1Per curiam
The submission in this case was general, and embraced “ every demand and cause of action, in law or equity.” No language could have been more comprehensive. If the allegation of fraud, in'the sale of the farm, was true in fact, it was á cause of action embraced by the submission. (1 Salk. 211. 1 Lev. 162.) Parol evidence is not admissible to limit the extent of _ the submission, and to show that it was to be confined to matters actually in dispute or controversy; for this would be to contradict the bond. Nor can the defendant be admitted to show there was no such fraud as was alleged, for…
2Cited by2 opinions
- In re the award between Williams & GoodrichNew York Supreme Court · 1847
- Inhabitants of North Yarmouth v. Inhabitants of CumberlandSupreme Judicial Court of Maine · 1829