booth against garnet the condition of a bind be to pay the plaintiff so much  money as the arbitrator under a submission enter into between the plaintiff  and a shall award a to pay to the plaintiff a award that a shall give a  promissory note to the plaintiff Payable at a future day be within the  condition SC stram debt upon bind the defendant crave oyer of the condition  quod to go away and it be in effect that at whereas the plaintiff and one  Gilbert have become bind unto each other for performance of the award of c if  the defendant shall pay so much money to the plaintiff as the say Gilbert  shall be award to pay unto he so as the same shall not exceed the obligation  shall be void and the defendant plead that the arbitrator do not award that  Garnett the defendant shall pay any money to the plaintiff plaintiff reply  that the arbitrator award that Gilbert shall give a promissory note to the  plaintiff Payable to he or order for at a future day for value receive to be  accept by the plaintiff in full of all demand and that a receipt shall be give  by he accord and the plaintiff further plead that the say Gilbert do give such  a note and that he have never pay the money thereon due to this the defendant  demurrer Andrews it be argue in easter term last by sergeant agar for the  defendant and by sergeant chapel now one of the judge of this court for the  plaintiff and this term by sir Thomas Abney for the defendant and solicitor  general strange for the plaintiff and it be argue for the defendant that what  be here award be not comprise within the letter of this bind the word whereof  be to be construe strict especial as the defendant be a stranger to the  contract between the plaintiff and Gilbert and be to receive no benefit by the  award now in common parlance accord to which award be make by laygents must be  understand no money be here award to be pay for though a note be to some  purpose consider as money yet it be not real money nor be it so safe as money  and though it be good payment between the party yet it do not hire a stranger  nor as to he be it to be regard as such suppose the plaintiff have bring a  action against Gilbert upon the submission bind the plaintiff can not assign  for breach that Gilbert have not pay the money for as Gilbert have comply with  the award by give his note the plaintiff can only take advantage thereof Benl  SC more pl if this action be maintainable the plaintiff will have a double  satisfaction know by sue also upon the note which may be endorse over and put  in suit many year hereafter beside all arbitrator have a limit authority which  they must not exceed not even in a part mere formal and therefore where a  award be to be under band and seal and one of these requisite be want the  award be ill and so it be determine in roll Abr and also in Anderson and  Williamson a mich geo now here they have exceed their authority by award a  note to be give which be not within the submission and therefore the award be  ill as to the party himself I roll and consequent it be so as to the defendant  who be a stranger Andrews it be also object to the replication that it only  mention that Gilbert Andrews er p have not pay the money whereas it ought to  have be also aver that no one else have pay it on the other side it be argue  that as all award tend to compose strife they ought to be construe accord to  the intention of the party and what be here award be plain within the meaning  of the defendant bind as it be in effect a award Gilbert to pay to the  plaintiff so much money that this be so at this day plain appear by the  statute of a c which enact that all promissory note c shall be due and Payable  and also that they shall be construe to be a full payment the note here too be  to be make Payable to the plaintiff or order so that he may endorse it over  and receive the money whenever he please and it be further award to be in full  of all demand suppose it have be award that so much money shall be pay on a  future day though these be not the word of the condition of the defendant bind  yet certain it will have be within the condition as the give a future time  will be only for the ease and benefit of Gilbert and this be the present case  with this addition that a security be to be give which make no difference for  a release of all debt be a release of all security object that in a action  bring on the award it can be assign for breach that Gilbert have not pay the  money answer if a breach can be assign in any part of the award within the  meaning of it it be sufficient and as to the objection that the party will  have two different remedy this be not material because he can have but one  satisfaction object to the replication that it shall have be aver that the  money have not be pay by Gilbert or any other person answer if it have be pay  by any one else this be a matter proper to be show on the other side Andrews  it be also object by the plaintiff counsel to the plea that the condition of  the defendant bind be that he shall pay what the arbitrator shall award  Gilbert to pay and the plea be that the arbitrator make no award that Garnett  shall pay any money whereas Garnett be a stranger to the submission but as to  this point lee c j say that though the plea be faulty yet if it appear on the  record that this action be not maintainable the demurrer be right and the  defendant must have judgement and the whole court be clear of opinion that the  matter here award be within the condition of the defendant bind the intent  thereof be that the defendant shall pay such money as Gilbert shall be award  to pay or which be the same thing to secure the payment of and here be award  to be pay and a security to be give for it which be also plain within the  submission judgement therefore for the plaintiff a stram