Legal Opinion

Williams v. Maden

New York Supreme Court

Decided October 15, 1832PublishedCited by 3 opinions

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,…

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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

  1. State ex rel. Adams v. CampbellSupreme Court of Missouri · 1847
  2. Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827
  3. Gill v. StebbinsU.S. Circuit Court for the District of Southern New York · 1828

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