Godfry v. Vancott
New York Supreme Court
IN ERROR., to the court of common pleas of the county of 'Sullivan. The plaintiffs in error brought an action of debt in the court below against the defendant in error, on an arbitration bond for the penal sum of 500 dollars, conditioned to abide by, and perform, the award of the arbitrators named therein ; and assigned two several-breaches.’ The defendant pleaded non est factum.
Read the full summary
IN ERROR., to the court of common pleas of the county of 'Sullivan. The plaintiffs in error brought an action of debt in the court below against the defendant in error, on an arbitration bond for the penal sum of 500 dollars, conditioned to abide by, and perform, the award of the arbitrators named therein ; and assigned two several-breaches.’ The defendant pleaded non est factum. At the trial, the jury found a verdict on the issue, for the plaintiff, and assessed damages at six cents; and, on the first breach assigned, the jury assessed the damages at 12 dollars and 94 cents, and, on the…
1Per curiam
This case comes before the court on a writ of error to the common pleas of Sullivan county; and the only-question presented for decision is, whether the plaintiff below was entitled to recover his costs, or was bound to pay costs to the defendant. The action was debt on the penalty of 500 dollars, in a bond, with a condition to abide by and perform the award of arbitrators. The damages assessed by the jury, under the breaches assigned, were under 25 dollars: the judgment, however, was entered for the penalty, and the court below decided that the plaintiffs were not entitled to recover costs…
2Cases cited1 opinion
- Dole v. MoultonNew York Supreme Court · 1801
3Cited by2 opinions
- Alendorf v. StickleNew York Supreme Court · 1823
- Scoville v. KentNew York Supreme Court · 1868