Platt v. N. & I. Smith
New York Supreme Court
THIS was an action of debt on an award, tried before Mr. Justice Fan Ness, at the New-York sittings, in November, 1816. The arbitrators made an award, under their hands and seals, reciting the bond of submission, and by which they awarded the defendants to pay to the plaintiff’ 2,656 dollars and 25 cents, and, also, that on the delivery of the award, they should pay to the arbitrators, 30 dollars, being one halt of the expenses of the arbitrators, &c. and that the parties,…
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THIS was an action of debt on an award, tried before Mr. Justice Fan Ness, at the New-York sittings, in November, 1816. The arbitrators made an award, under their hands and seals, reciting the bond of submission, and by which they awarded the defendants to pay to the plaintiff’ 2,656 dollars and 25 cents, and, also, that on the delivery of the award, they should pay to the arbitrators, 30 dollars, being one halt of the expenses of the arbitrators, &c. and that the parties, on payment of the said sumsi should execute mutual releases, &c. In the margin of the awal’d the following words were…
1Per curiam
We are of opinion, that the words written in the margin of the award, by the arbitrators, are to be considered as part of the award, and to receive the same construction as if they had been inserted in the body of the instrument. The words form a distinct sentence, and the meaning is the same, whether they be read in one place or another, after any distinct sentence. Besides, these words are merely explanatory of what would have been the operation and effect of the award, if they had not been inserted.
We are of opinion, also, that the omission of the word dollars in the counterpart award…
2Cited by5 opinions
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