Tompkins v. Corwin
New York Supreme Court
Debt on bond for the non-performance of an award, tried at the Onondaga circuit on the 12th of October, 1826, before Throop, C. Judge. The declaration was thus: “That whereas the defendant, heretofore, to wit, on the 19th day of September, A. D. 1825, at, &c. by his certain writing obligatory, sealed with his seal (and now shown, &c.) the date whereof is the the same day and year aforsaid, acknowledged, &c.”
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Debt on bond for the non-performance of an award, tried at the Onondaga circuit on the 12th of October, 1826, before Throop, C. Judge. The declaration was thus: “That whereas the defendant, heretofore, to wit, on the 19th day of September, A. D. 1825, at, &c. by his certain writing obligatory, sealed with his seal (and now shown, &c.) the date whereof is the the same day and year aforsaid, acknowledged, &c.” The penalty was $500. The condition set forth was, “that if the defendant, his heirs &c. shall and do, &c. well and truly stand to and obey, abide by, perform, fulfil and keep the award,…
1Opinion of the Court
*Curia, per Sutherland, J.
This is an action of debt upon an arbitration bond. The plaintiff was nonsuited at the trial, on the ground of a variance between the bond set forth in the declaration, and that proved. The declaration states the bond to have been made on the 19th day of September, 1825, and that the award was to have been on or before the 18th day of January then next. The oyer and the bond produced corresponded with the bond set forth in the declaration; but it appeared from the testimony of John Wilkinson, a witness on the part of the plaintiff, that *273the time limited in the bond…
2Cited by3 opinions
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- United States v. StaffordU.S. Circuit Court for the District of Northern New York · 1871