Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber; From Hiliary Term, 6 Will. IV, to [Easter Term, 10 Vict.]Both Inclusive. [1836-1847] with Tables of the Cases and Principal Matters Volume 2
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1846 edition. Excerpt: ...of the award thereinafter mentioned: and thereupon, for putting an end to the said differences, the plaintiff, as executrix as aforesaid, and the defendant, theretofore, to wit, on the 11th June, 1835, respectively submitted themselves to the award of one J. P. to be made between them of and concerning the said differences. And the plaintiff in fact saith, that the said J. P. having notice thereof, and having taken upon himself the burden of the said arbitrament, afterwards, to wit, on the 13th May, 1836, made his certain award between the plaintiff, as administratrix as aforesaid, and the defendant, and thereby 4961 awarded that there was then duefrom the defendant to the plaintiff, as administratrix as aforesaid, the sum of 150/., together with interest on the same from the period of the said last-mentioned settlement, on payment of which a receipt in full should be given: of which said award the defendant afterwards, to wit, on, &c., had notice. The declaration then averred that although the plaintiff, as administratrix as aforesaid, had always been willing to receive the moneys so awarded, and on payment thereof to give a receipt in full, the defendant had not paid the same, or any part thereof, &c.; and concluded with profert of the letters of administration. Pleas, first, that the arbitrator did not make any award of and upon the premises in the declaration mentioned, in manner and form, &c.; secondly, that the day in the declaration in that behalf mentioned was not the day of the last settlement next before the making of the said award, in manner and form, &c.; thirdly, that no such settlement as in the declaration mentioned was at any time made: on which issues were joined. At the trial before Mderson, B., at the Middlesex...
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