Briggs v. Smith
New York Supreme Court
THIS was an action originally tried before a justice of the peace of Saratoga county. The action was brought on an award of arbitrators, which award was in writing and produced in evidence, by which among other things, the arbitrators awarded that the defendant should pay the plaintiff $85 in sixty days and one-half' the fees of the arbitrators, the whole being $15. The justice, on proof of the award and of the payment of the arbitrators’ fees by the plaintiff, rendered…
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THIS was an action originally tried before a justice of the peace of Saratoga county. The action was brought on an award of arbitrators, which award was in writing and produced in evidence, by which among other things, the arbitrators awarded that the defendant should pay the plaintiff $85 in sixty days and one-half' the fees of the arbitrators, the whole being $15. The justice, on proof of the award and of the payment of the arbitrators’ fees by the plaintiff, rendered .judgment in his favor for the amount of the award and one-half the fees, amounting to $42.16 damages, and $2.09 costs. On…
1Opinion of the Court
By the Court, C. L. Allen, J.
The only question presented in this case is, whether the evidence offered by the defendant should have been received. The evidence offered was two-fold in its aspect, 1. That the arbitrators took into consideration matters not submitted to them; and 2d. That they awarded that the defendant should have as his own property about fifteen perch of stone on the premises of the plaintiff, which through mistake was not included in the written award. It is not seriously contended that the latter offer was proper. It has been repeatedly held that no evidence of any kind…
2Cases cited18 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Lutz v. LinthicumSupreme Court of the United States · 1834
- Elmendore v. HarrisCourt for the Trial of Impeachments and Correction of Errors · 1840
- MbBride v. HaganNew York Supreme Court · 1828
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3Cited by6 opinions
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- Etheridge v. LaddNew York Supreme Court · 1885
- Cromwell v. BurrNew York Marine Court · 1877
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