Richards v. Drinker
Supreme Court of New Jersey
This was an action of debt, brought on a bond dated the ' ■23d day of January, 1793, in the penalty of £1000, conditioned for the performance of an award. Saltar alone was taken. The defendant, after oyer, pleaded that no award was made.
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This was an action of debt, brought on a bond dated the ' ■23d day of January, 1793, in the penalty of £1000, conditioned for the performance of an award. Saltar alone was taken. The defendant, after oyer, pleaded that no award was made. The bond -was proved, by which the parties submitted “ all and all manner of action and actions, cause and causes of action, suits, bills, bonds, sum and sums of money, trespasses, accounts and demands whatsoever, at any time heretofore made, done, committed, or depending by or between the parties.” January 2-5th, the five arbitrators, after hearing the…
1Opinion of the Court
The Court
overruled the objection, and permitted the award to be read to the jury.
*380By way of defence to the action, the defendants offered testimony to prove that the book accounts were in controversy, and that the arbitrators did refuse or neglect to arbitrate upon, them. The counsel urging, that if this matter was proved, it established the truth of the plea of no award, because it shewed that the award set up was illegal,, and consequently a nullity.
For the plaintiff, it was objected, that such evidence was inadmissible :
1. Because it was testimony dehors the award.
2. Because it was a…
2Cases cited4 opinions
- Executors of Moffat v. StrongNew York Supreme Court · 1813
- Jackson ex dem. Van Alen & Van Alen v. AmblerNew York Supreme Court · 1817
- Munro v. AlaireNew York Supreme Court · 1805
- Barlow v. ToddNew York Supreme Court · 1808
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- Barcon Associates, Inc. v. Tri-County Asphalt Corp.Supreme Court of New Jersey · 1981