Williams v. Maden
New York Supreme Court
Demurrer to declaration. The plaintiff declares on a bond conditioned for the performance of an award, to be made in pursuance of a submission to arbitration of certain matters in difference between the parties in this cause; the award by the terms of the submission to be made on or before the 10th May, 1830; and assigns for breach, that after some progress had been made in the hearing before the arbitrators, and after a second meeting by them in pursuance of an adjournment,…
Read the full summary
Demurrer to declaration. The plaintiff declares on a bond conditioned for the performance of an award, to be made in pursuance of a submission to arbitration of certain matters in difference between the parties in this cause; the award by the terms of the submission to be made on or before the 10th May, 1830; and assigns for breach, that after some progress had been made in the hearing before the arbitrators, and after a second meeting by them in pursuance of an adjournment, the defendant revoked the submission. The plaintiff then proceeds and specifies the damages sustained by him : 1. That…
1Opinion of the Court
By the Court,
Savage, Ch. J.
There is But one breach assigned, and that is the revocation of the powers of the arbitrators, which is a good breach and well assigned. If the plaintiff has specified items of damage which he is not entitled to recover, the question whether he is entitled to recover them *241will properly arise on the trial of the cause. The plaintiff is entitled to judgment, with leave to the defendant to plead on payment of costs.
2Cited by3 opinions
- State ex rel. Adams v. CampbellSupreme Court of Missouri · 1847
- Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827
- Gill v. StebbinsU.S. Circuit Court for the District of Southern New York · 1828