Byers v. Van Deusen
New York Supreme Court
This cause came before the court on a case agreed upon between the parties. The parties on the 13th November, 1828, entered into arbitration bonds, whereby they severally bound themselves to abide the award of three individuals, chosen by them, to arbitrate, award and determine of and concerning all manner of actions, causes of actions, suits, bills, notes, accounts, dealings, bonds, specialties, judgments, executions, debts, demands, controversies, trespasses, damages,…
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This cause came before the court on a case agreed upon between the parties. The parties on the 13th November, 1828, entered into arbitration bonds, whereby they severally bound themselves to abide the award of three individuals, chosen by them, to arbitrate, award and determine of and concerning all manner of actions, causes of actions, suits, bills, notes, accounts, dealings, bonds, specialties, judgments, executions, debts, demands, controversies, trespasses, damages, injuries, and demands whatsoever, either in law or equity, and as well individually as partnership concerns and transactions…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Several objections are taken to this award: 1st. It is said the arbitrators exceeded their powers in awarding the brewery to the defendant, and the personal property, respecting which there was no dispute. The submission is general, and includes all matters. The award states that the arbitrators had taken upon them the burden of the award ; and having fully examined and duly considered the proofs and allegations of both the said parties, made their award. As the submission is broad enough to include any thing, and the arbitrators predicate their award upon the…
2Cases cited1 opinion
- Ward v. ClarkNew York Supreme Court · 1806
3Cited by9 opinions
- Gratz v. GratzSupreme Court of Pennsylvania · 1834
- Seaton v. KendallAppellate Court of Illinois · 1895
- Blood v. ShineSupreme Court of Florida · 1848
- McNear v. BaileySupreme Judicial Court of Maine · 1841
- Spofford v. SpoffordSuperior Court of New Hampshire · 1839
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