Bacon v. Wilber
New York Supreme Court
Declaration, in debt, for $500, the penalty of an arbitration bond, reciting that differences existed between the defendant and the plaintiffs, respecting the line subdividing lot No. 16, in Saratoga Patent: that the establishment of that line had been referred, by them, to arbitrators, whose * v * ' decision should be final and conclusive, in respect to the ti-tie of the parties : that a certain cedar post, standing on the bank of Hudson’s river, nearly opposite Smith’s…
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Declaration, in debt, for $500, the penalty of an arbitration bond, reciting that differences existed between the defendant and the plaintiffs, respecting the line subdividing lot No. 16, in Saratoga Patent: that the establishment of that line had been referred, by them, to arbitrators, whose * v * ' decision should be final and conclusive, in respect to the ti-tie of the parties : that a certain cedar post, standing on the bank of Hudson’s river, nearly opposite Smith’s tavern, ira Stillwater, should be the point or place from whence the arbitrators should commence their survey : that the…
1Opinion of the Court
Curia, per Woodworth, J.
The breach assigned, is, for the non-payment of the costs.
It is necessary for the plaintiff to shew, that the contingency upon which the costs were payable, has happened. The contingency was, “ if the award should he that the defendant had any land of the said Henry, Rice and Sally, in his possession.” The defendant is not liable, unless a valid award has been made. It is contended, on behalf of the defendant, that the arbitrators exceeded their powers, in several particulars ; and that, therefore, the award is void. The first objection is, that the arbitrators…
2Cases cited1 opinion
- Martin v. WilliamsNew York Supreme Court · 1816
3Cited by4 opinions
- Dalrymple v. Town of WhitinghamSupreme Court of Vermont · 1854
- United States v. StaffordU.S. Circuit Court for the District of Northern New York · 1871
- Ex parte WallisNew York Supreme Court · 1827
- Viele v. . the Troy and Boston Railroad CompanyNew York Court of Appeals · 1859