Hinkle v. . Zimmerman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the'first judicial department, entered March 7, 1905, which affirmed a judgment of Special Term setting aside an award in favor of defendant on the submission of a controversy to arbitration. The facts, so far as material, are stated in the opinion. The statutory oath required by the provisions of section 2369 of the Code may be waived by acts of the parties as well as by written consent.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the'first judicial department, entered March 7, 1905, which affirmed a judgment of Special Term setting aside an award in favor of defendant on the submission of a controversy to arbitration. The facts, so far as material, are stated in the opinion. The statutory oath required by the provisions of section 2369 of the Code may be waived by acts of the parties as well as by written consent. (Day v. Hammond, 57 N. Y. 479; Howard v. Sexton, 4 N. Y. 157; Matter of N. Y., W. S. & B. R. R. Co., 35 Hun, 478 ; Wassum v. Feeney,…
1Opinion of the CourtHaight, J.
This action was brought to set aside an award made by arbitrators and an umpire, under a submission of a controversy between the parties hereto, upon the ground that neither the arbitrators nor the umpire took the required statutory oath before entering upon their duties;
The trial court found as facts that the plaintiffs did not know that neither the arbitrators nor umpire had taken the required statutory oath until after the rendition of the said umpire’s decision; and that the taking of the required oaths was not waived by the written or verbal consent of the parties or their attorneys, and…
2Cases cited2 opinions
- New York Lumber & Wood Working Co. v. SchniederNew York Court of Appeals · 1890
- Flannery v. . SahagianNew York Court of Appeals · 1892
3Cited by16 opinions
- In re the Arbitration between Katz & UvegiNew York Supreme Court · 1959
- Matter of Horowitz v. KaplanNew York Court of Appeals · 1928
- Williams v. Hamilton Fire InsuranceAppellate Terms of the Supreme Court of New York · 1922
- In re the Arbitration between Concrete Steel & Tile Construction Co. & GreenNew York Supreme Court · 1909
- Krauter v. Pacific Trading Corp. of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
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