Isaacs v. Beth Hamedrash Society
New York Court of Appeals
The plaintiff had a claim against the defendant for baking a quantity of bread to be used during the feast of the Passover. He brought his action to recover it in the Marine Court in the city of New York. During the pendency of the suit it was agreed between the parties to submit the matter to arbitration, and that judgment should be rendered upon the award in the Court of Common Pleas of New York.
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The plaintiff had a claim against the defendant for baking a quantity of bread to be used during the feast of the Passover. He brought his action to recover it in the Marine Court in the city of New York. During the pendency of the suit it was agreed between the parties to submit the matter to arbitration, and that judgment should be rendered upon the award in the Court of Common Pleas of New York. On the 25th of May, 1857r the arbitrators awarded the plaintiff the sum of $396.19. Judgment was entered on this award in the New York Common Pleas on the 6th June, 1857. The defendant moved to set…
1Opinion of the CourtAllen, J.
It is insisted that this court has no jurisdiction to hear this appeal, inasmuch as it is not provided for in section 11 of the Code. That section declares that the Court of Appeals shall have exclusive jurisdiction to review upon appeal every actual determination made at a general term of the Supreme Court, or by the Superior Court of the city of New York, or the Court of Common Pleas for the city and county of New York, in the following cases, and no other:
1. In a judgment in an action commenced therein, or brought there from another Court:
2. In an order affecting a substantial right made…
2Cases cited1 opinion
- Becker v. People ex rel. CookNew York Court of Appeals · 1859