Page:United States Reports, Volume 1.djvu/184

 

SUPREME COURT of Pennʃylvania:

September Term, 1786.

FTER argument by Bradƒord and Sergeant for the Plaintiffs, and Wilcocks and Ingerʃol  for the Defendant, THE CHIEF JUSTICE delivered the judgment of the court in this caufe.

M‘KEAN, Chieƒ Juʃtice.− This is an action of debt upon an arbitration bound ; the Defendant prayed Oyer of the obligation and condition ; the condition was to fubmit to the award of five perfons, concerning ‘‘ the exchange of a number of loan office certificates, and of, upon and concerning an action of flander now depending between the faid parties,’’ and alfo of all other matters, differences, and demands &c. The Defendant thereupon pleaded, that the arbitrators made no award. The Plaintiffs replied, and fet forth an award, whereby (among other things) the arbitrators did award and order, ‘‘ that in confideration of the lofs fuftained by the exchange of certificates between John Grier deceafed, and the faid Joʃeph Grier, fenior, the faid Joʃeph Grier, pay to the executors of the faid John Grier,  the fum of one hundred and feventy five pounds ; and then the Plaintiffs aver, that they are the executors of the teftament and laft will of the faid John Grier, deceafed, in the fiad award mentioned and intended, and that to them the faid fum of Ł.175 by the faid writing of award was ordered to be paid by the faid Joʃeph Grier, fenior. To which the Defendant demurred, and the Plaintiffs joined in demurrer.

The exception taken to this award is, that the Ł. 175 were ordered to be paid by the Defendant to the Executors oƒ John Grier, deceaʃed,