Freeman v. Adams
New York Supreme Court
THIS was an action of debt on an arbitration bond. The defendant, after craving oyer of the bond and condition, pleaded, 1. That the arbitrators, or any two of them, did not make an award between the parties, according to the form and effect of the condition of the bond. 2. That no award in writing was made, on or before the 1st day of July, 1809, after the date of the bond, being the day limited for making the award, by the condition.
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THIS was an action of debt on an arbitration bond. The defendant, after craving oyer of the bond and condition, pleaded, 1. That the arbitrators, or any two of them, did not make an award between the parties, according to the form and effect of the condition of the bond. 2. That no award in writing was made, on or before the 1st day of July, 1809, after the date of the bond, being the day limited for making the award, by the condition. To the first plea, the plaintiff replied, that before the time limited by the condition of the bond, for making the award, to wit, on the 21st June, the time…
1Per curiam
The single question presented by the pleadings is, whether an action will lie upon the penalty of an arbitration bond, for the non-performance of an award, when it appears that the award was not made within the time specified in the bond, and when it appears that the parties, by an agreement under their hands and seals, endorsed on the bond, had enlarged the time, and that the award was made within such enlarged time. The case of Brown v. Goodman, (E. 29 G. K. B. cited in a note to 3 Term Rep. 592.) is a solemn determination of the It. B. upon the very point, and made after argument upon…
2Cited by9 opinions
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- French v. NewNew York Supreme Court · 1855
- Smith v. Boston, Concord & Montreal RailroadSupreme Court of New Hampshire · 1858
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