Gonsales v. Deavens

Awards are considered with less strictness than formerly, but they must be certain and final.

Writ of error to Northampton county. It appeared by the record, that debt was brought on an arbitration bond, dated 6th June 1793, to perform an award, so as the same was made in writing before the 1st January then next. Plea nut award. Deavens the plaintiff below, set forth in his replication, an award dated 5th October 1793, by which it appeared, that the arbitrators award as follows, to wit: “ That the said S. G., J. W., J. T. and B. B. should pay to the said J. B. 8127. 2s. on the 4th June then next, and should execute to him a release of all actions before the 6th June 1793 ; on payment of which sum, the said J. B. should likewise execute to them a release of all actions before the 6th June 1793, and should also assign a bond given and executed by Manuel Gonsales and Johannes Vannetten to Abraham Yankeuren, in the penalty of 1847. 15s. 10d., conditioned for the payment of 927. 7s. 5<7., dated 21st October 1772, and likewise a bond given and executed by the said Manuel Gonsales and Johannes Vannetten to Peter Helm,in the penalty of 2507, conditioned for the payment of 1257., dated 8 th October 1772, and also the eight following receipts paid by him to Abraham Hasbrouk, on account of the said Manuel Gonsales and Johannes Yanuetten’s bond and mortage, to wit: one for, &c. &c. the said assignments to be to the use of the said S. G., J. W., J. T. and B. B., and to be at their own proper risk and costs ; and further, that the said J. B. should suffer the said S. G. J. W., J. T. and B. B., to take possession of three equal undivided seventh parts of a certain farm at Memacutting, whereon he then dwelled,” &e. The defendants below demurred to this replication, and the plaintiff joined in demurrer. In August term 1796, the demurrer was argued, and judgment was rendered for the then plaintiff in the Court of Common Pleas.