Williams v. Maden

New York Supreme Court

Williams v. Maden

9 Wend. 240

New York Supreme Court·Decided October 15, 1832·Published·Cited by 3 cases

Opinion

By the Court,

Savage, Ch. J.

There 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 [241] will 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.

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By the Court,

Savage, Ch. J.

There 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 [241] will 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.

Williams v. Maden, 9 Wend. 240 (N.Y. Super. Ct. 1832).

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