Schuyler v. Van Der Veer
New York Supreme Court
This was an action on an arbitration bond, the declaration in the common form. The defendant demanded oyer of the condition, which was set out in the following words : “ The condition of this obligation is such, that if the above bounden, John Van Der Veer, his, &c., do well and truly pay to the above named John Schuyler, his, &c., the full sum of one hundred pounds, of good, &c. on the 10th day of December next, if the said John Van Der Veer does not abide by the award of ,…
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This was an action on an arbitration bond, the declaration in the common form. The defendant demanded oyer of the condition, which was set out in the following words : “ The condition of this obligation is such, that if the above bounden, John Van Der Veer, his, &c., do well and truly pay to the above named John Schuyler, his, &c., the full sum of one hundred pounds, of good, &c. on the 10th day of December next, if the said John Van Der Veer does not abide by the award of , arbitrators indifferently chosen to settle all matters of controversy, then this obligation to be void,” &c. To this…
1Opinion of the CourtLivingston, J.
The defendant has assigned the following causes of demurrer:
1. That the plaintiff has not alleged his doing those things which, by the award, were to be done and performed by him.
2. Because it does not appear by what authority the award was made.
3. Because the award is uncertain, and inconclusive in its not appearing therefrom “ioho.t house” the parties were to finish between them, or with what materials, or for whose benefit it was to be finished; or for “what stove” the plaintiff was to receive fifty shillings, or what costs the parties were to pay, or what proportion each was to pay, or to…
2Cited by6 opinions
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