Elmendore v. Harris
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Harris sued Elmendore in the New-York common pleas on an arbitration bond, dated 3d May, 1827, made by one Taylor, and by Elmendore as his surety, whereby certain accounts were submitted t'o the determination of two arbitrators, and if they could not agree, to the award of an umpire to be chosen by the arbitrators. The arbitration bond provided that the submission should be made a rule of court.
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Error from the supreme court. Harris sued Elmendore in the New-York common pleas on an arbitration bond, dated 3d May, 1827, made by one Taylor, and by Elmendore as his surety, whereby certain accounts were submitted t'o the determination of two arbitrators, and if they could not agree, to the award of an umpire to be chosen by the arbitrators. The arbitration bond provided that the submission should be made a rule of court. The defendant pleaded, 1. Non est factum ; 2; No atoard by arbitrators, no appointment of umpire, and no award by him ; 3. That although the arbitrators did appoint an…
1Opinion of the Court
By the Chancellor.
The plaintiff in error was a surety for R. E. Taylor in an arbitration bond executed previously to the revised statutes, and an award having been made against Taylor by the umpire, two questions are presented for our consideration on this -writ of error. First, was it competent for the defendant in error to prove by parol the appointment of *630the umpire: the appointment not being evidenced by any writing signed by the arbitrators, or the parties ? And secondly, was it a good defence in a suit at lato upon the arbitration bond, that the umpire did not before making his award…
2Cited by31 opinions
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Continental Ins. v. GarrettCourt of Appeals for the Sixth Circuit · 1903
- Day v. . HammondNew York Court of Appeals · 1874
- Coons v. CoonsSupreme Court of Virginia · 1897
- Ingraham v. WhitmoreIllinois Supreme Court · 1874
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