People Ex Rel. Union Insurance Co. of Philadelphia v. Nash
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 28, 1888, which affirmed an order of Special Term, denying an application of the relators for a .peremptory mcmdanvus requiring defendants, as arbitrators appointed under an arbitration agreement between the petitioner and Lorenzo Dimick, to proceed with the arbitration.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 28, 1888, which affirmed an order of Special Term, denying an application of the relators for a .peremptory mcmdanvus requiring defendants, as arbitrators appointed under an arbitration agreement between the petitioner and Lorenzo Dimick, to proceed with the arbitration. (Reported below, 47 Hun, 542.) The submission was of certain matters in controversy included in actions then pending between the parties, “ and all other manner of actions, cause or causes of action, suits, controversies,…
1Opinion of the CourtGray, J.
The position taken by the appellants, with respect to the agreement of arbitration in question here, is that the character of revocability, inherent in such submissions, is affected by that article of the agreement, which provides against any revocation and expressly waives and abandons the right to revoke. They do not dispute the common-law rule that submissions to arbitration are revocable in their nature, and, indeed, that such was the rule is too well established and recognized by early and late English cases, and by the Hew Torle statutes and decisions to admit of dispute. (Allen v.…
2Cases cited4 opinions
- Tobey v. County of BristolU.S. Circuit Court for the District of Massachusetts · 1845
- Bank of Monroe v. WidnerNew York Court of Chancery · 1845
- Allen v. WatsonNew York Supreme Court · 1819
- McNulty v. . SolleyNew York Court of Appeals · 1884
3Cited by22 opinions
- Matter of Feuer Transportation, Inc. (Local No. 445)New York Court of Appeals · 1946
- White Eagle Laundry Co. v. SlawekIllinois Supreme Court · 1921
- Cocalis v. NazlidesIllinois Supreme Court · 1923
- In Re the Arbitration of Certain Differences Between Lummus Co. & Commonwealth Oil Refining Co.District Court, S.D. New York · 1961
- Sartwell v. SowlesSupreme Court of Vermont · 1900
17 more not listed; retrieve them via the Exa API.