Bloomer v. Sherman
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the first circuit. The bill was filed for an account and settlement of a special partnership transaction between the parties.
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This was an appeal from a decree of the vice chancellor of the first circuit. The bill was filed for an account and settlement of a special partnership transaction between the parties. To this bill, the defendant pleaded, that difficulties having arisen between the parties relative to such partnership and the settlement thereof, they entered into bonds to submit all questions touching their partnership connection to three arbitrators, with power to decide all their partnership matters as fully as a court of chancery could decide the same; so that the award of the arbitrators be made in…
1Opinion of the Court
The Chancellor.
There is no doubt that a submission to arbitrators, by bond, may be enlarged by an agreement not tinder seal. The only doubt that has ever arisen, in cases of this kind, has been whether an action of debt upon the pen-*577ally of the bond could be sustained, where the award had not been made within the time limited for that purpose by the condition of the bond itself, but where such time was extended by a subsequent agreement of the parties. In the courts of this state, it has been determined that an action of debt upon the bond itself could not be maintained, whether the…
2Cases cited3 opinions
- Allen v. WatsonNew York Supreme Court · 1819
- Freeman v. AdamsNew York Supreme Court · 1812
- Stanton v. HenryNew York Supreme Court · 1814
3Cited by15 opinions
- Wood v. . TunnicliffNew York Court of Appeals · 1878
- Bridgman v. BridgmanSupreme Court of Missouri · 1856
- Bulson v. . LohnesNew York Court of Appeals · 1864
- Cope v. GilbertNew York Supreme Court · 1847
- French v. NewNew York Supreme Court · 1855
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