Dana v. Dana
New York Supreme Court
THIS was an action of debt on an arbitration bond. The deelaration stated the submission to arbitrators, and their award that the defendant should pay the plaintiff the sum of 132 dollars and 98 cents, and should pay the arbitrators the sum of seven dollars for their fees; .and the breaches assigned are for the - * _ 0 non-payment or those sums.
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THIS was an action of debt on an arbitration bond. The deelaration stated the submission to arbitrators, and their award that the defendant should pay the plaintiff the sum of 132 dollars and 98 cents, and should pay the arbitrators the sum of seven dollars for their fees; .and the breaches assigned are for the - * _ 0 non-payment or those sums. The defendant pleaded m bar, that 1 1 7 the plaintiff ought not to have or maintain his action, because, the defendant, at the time of making the writing obligatory in the declaration mentioned, was, ever since has been, and still is, an Indian…
1Opinion of the CourtSpencer, J.
The is, whether the plea is good as a perpetual bar, or is temporary disability to contract, and should have been pleaded in abatement.
It seems to me, that the plea is well pleaded. The statute provides, that no person shall sue or maintain any action on any bond, &c. against any of the Indians, called the Slockbridge Indians, or of the Seneca tribe, or nation, nor against any Indian *182residing in Br<=.lhertown, or on any lands reserved to the Oneida, Onondaga, or Capuga Indians. The object and policy of this statutory inhibition to sue these Indians on contracts made with them, has already…
2Cited by5 opinions
- Hastings v. . FarmerNew York Court of Appeals · 1850
- Plummer v. HubbardAppellate Division of the Supreme Court of the State of New York · 1923
- Broezel v. City of BuffaloNew York Supreme Court · 1889
- In re FerrisSuperior Court of Buffalo · 1887
- Plummer v. HubbardNew York Supreme Court · 1921