Frets v. Frets
New York Supreme Court
Debt. The 1st count was in the usual form, on a bond for the payment of money, dated July 15th, 1822, in the penal sum of $5000, and set forth no condition.
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Debt. The 1st count was in the usual form, on a bond for the payment of money, dated July 15th, 1822, in the penal sum of $5000, and set forth no condition. The 2d count was on a bond similar to the one described in the first count, with a condition, that if the defendants should abide, &c. the award, &c. of S. Mitchell J. Strong, fyc. and in case they could not agree, then of an umpire, &c. and with an agreement in the condition, that the submission and' award might, by either party, be made a ’* rule of this Court. It then stated, that the arbitrators made an award, by which they awarded…
1Opinion of the Court
SAVAGE, Ch. J.
Each count in a de~laration is supposed to contain a distinct cause of action ; and must, therefore., be answered by the defendants, or judgment may be entered thereupon by default. The defendants so consider these counts in their pleas. The first count is simply on a bond for. the payment of money. The plea to that count pre-supposes that it is on a bond of-submission to arbitrators, and sets up a revocation in bar. This, of course, is no answer. If .the bond, described in the first count, be, in fact, the same qs the. one set forth in the, second, and the. defendant had wished…
2Cases cited2 opinions
- Allen v. WatsonNew York Supreme Court · 1819
- Bailey v. JacksonNew York Supreme Court · 1819
3Cited by6 opinions
- Union Insurance Co. v. . Central Trust Co.New York Court of Appeals · 1899
- Garner v. . QuallsSupreme Court of North Carolina · 1856
- Call v. HagarSupreme Judicial Court of Maine · 1879
- Wallis v. CarpenterMassachusetts Supreme Judicial Court · 1866
- Ex parte WallisNew York Supreme Court · 1827
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