9 Wend. 240
Decided October 15, 1832
New York Supreme Court · decided 1832-10-15
Demurrer to declaration. The plaintiff declares on a bond conditioned for the performance of an award, to be made in pursuance of a submission to arbitration of certain matters in difference between the parties in this cause; the award by the terms of the submission to be made on or before the 10th May, 1830; and assigns for breach, that after some progress had been made in the hearing before the arbitrators, and after a second meeting by them in pursuance of an adjournment,…
Cited by 2 later decisions — most recently June 1828
Good law ✅— No negative treatment on recordhow we know
Decided 1832-10-15
View the full empirical analysis of this case →
¶1By the Court,
¶2There is But one breach assigned, and that is the revocation of the powers of the arbitrators, which is a good breach and well assigned. If the plaintiff has specified items of damage which he is not entitled to recover, the question whether he is entitled to recover them *241will properly arise on the trial of the cause. The plaintiff is entitled to judgment, with leave to the defendant to plead on payment of costs.