Perkins v. Wing
New York Supreme Court
THIS was an action of debt on a bond, dated the 2d August, 1810, conditioned to perform the award of arbitrators. The defendants pleaded, 1. Nonest factum; 2. Craving oyer of the bond and condition which were set forth, and recited, that Dorcas Rider, now the wife of the plaintiff, had been delivered of a bastard child, and had alleged M. W., one of the defendants, to be the father; that he had promised her marriage, and that she had sued him for a breach of such promise,…
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THIS was an action of debt on a bond, dated the 2d August, 1810, conditioned to perform the award of arbitrators. The defendants pleaded, 1. Nonest factum; 2. Craving oyer of the bond and condition which were set forth, and recited, that Dorcas Rider, now the wife of the plaintiff, had been delivered of a bastard child, and had alleged M. W., one of the defendants, to be the father; that he had promised her marriage, and that she had sued him for a breach of such promise, which was then pending, and for putting an end to the said action, and all controversies, See. she and the said M. W.…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. If the award had not been delivered upon request, as the defendants contend, they should have pleaded specially such a request and refusal. The objection cannot be raised under the plea of no award. This rule has been declared and settled, repeatedly. (Rowsby v. Manning, 3 Mod. 331. Markes v. Marryott, 1 Lutw. 524. Oates v. Bromhill, 6. Mod. 176.) The form of a plea, in such a case, is stated in Wilson v. Wilson, as reported in note 5. in 1 Saund. 327. b. And if the fact of a demand and refusal to deliver the award had been regularly in issue,…
2Cited by9 opinions
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- Burnap v. LoseyNew York Supreme Court · 1869
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