Legal Opinion

Hoffman v. Hoffman

Supreme Court of New Jersey

Decided February 15, 1857PublishedCited by 1 opinion

On demurrer to narr. An action of debt was brought in this court by Jacob W. Hoffman against Zephaniah Hoffman, to recover the amount of an award.

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On demurrer to narr. An action of debt was brought in this court by Jacob W. Hoffman against Zephaniah Hoffman, to recover the amount of an award. A copy of the award annexed to the declaration was as follows: Whereas, certain • differences having arisen betwen Jacob W. Hoffman, of the - township of Tewkesbury, in the county- of: Hunterdon- and-State of New Jersey, and Zephaniah 'Hoffman, of: the township of Lebanon, county and state aforesaid; and whereas* for the putting an end to 'said- différences- as far as their own personal matters are concerned, and also all differences existing…

1Opinion of the Court

The Chief Justice

delivered the opinion of the court.

The first ground of demurrer is, that the declaration states that the award was signed by two only of the arbitrators, and does not aver that the third arbitrator acted. The averment of the declaration is, that all the arbitrators took upon themselves the burthen of the arbitrament, and that the third arbitrator refused to sign the award. The averment is in accordance with approved precedents, and *178shows affirmatively that all the arbitrators acted. It is further insisted that it should appear, upon the face of the award itself, that all the…

2Cases cited4 opinions

  1. Sayles v. SmithNew York Supreme Court · 1834
  2. Lyle v. RodgersSupreme Court of the United States · 1820
  3. Short v. PrattMassachusetts Supreme Judicial Court · 1810
  4. Walker v. MelcherMassachusetts Supreme Judicial Court · 1817

3Cited by1 opinion

  1. Creter v. DaviesNew Jersey Superior Court Appellate Division · 1954

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