Van Antwerp v. Stewart
This text of 8 Johns. 125 (Van Antwerp v. Stewart) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The replication is bad in not stating that the revocation of the bond of submission was under seal. A parol revocation would have been a nullity. There are no terms of art used in the replication, which import that the revocation was by deed, and the court [126]*126cannot intend it. (l Saund. 291. Cabell v. Vaughan, note 1. and the authorities there cited.) The replication is also defective in not averring a breach of the bond, and that no award was made by reason of a revocation, or that an award was made, and that the defendant refused to abide by it.
Leave is, however, given to the plaintiff to amend according to his prayer, upon payment of the costs of the demurrer, and of the proceedings subsequent.
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8 Johns. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-antwerp-v-stewart-nysupct-1811.