McGregor v. Sprott
New York Supreme Court
Appeal from special term, Warren county. March 21, 1887, Duncan McGregor and George Sprott, by an instrument in writing executed in pursuance of Code Civil Proc. N. Y. § 2366, submitted to the arbitration of James McIntyre all their accounts and demands against each other, for him to hear and determine and make award thereon. Both parties thereafter appeared before the arbitrator, and submitted their respective accounts and demands.
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Appeal from special term, Warren county. March 21, 1887, Duncan McGregor and George Sprott, by an instrument in writing executed in pursuance of Code Civil Proc. N. Y. § 2366, submitted to the arbitration of James McIntyre all their accounts and demands against each other, for him to hear and determine and make award thereon. Both parties thereafter appeared before the arbitrator, and submitted their respective accounts and demands. Neither party was sworn; no counsel were present. After the hearings were closed the arbitrator, July 2, 1887, made his award in writing in duplicate, whereby he…
1Opinion of the CourtLandon, J.
Section 2374 specifies the grounds upon which an order vacating the award- can be made. The referee’s report negatives the existence of any of these grounds. We have examined the testimony taken by him, and concur with him in opinion. No doubt the arbitration was conducted according to methods unlike those which prevail in the trial of causes, but the parties preferred such methods. They selected a relative for arbitrator, one who had long known them both, and had some knowledge of their dealings with each other. The hearings were had free from the restraints, formalities, and technicalities…
2Cases cited2 opinions
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Sweet v. . MorrisonNew York Court of Appeals · 1889
3Cited by5 opinions
- Matter of WilkinsNew York Court of Appeals · 1902
- In re the Arbitration between Wheat Export Co. & Wheat Export Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Kozlowski v. Seville Syndicate, Inc.New York Supreme Court · 1970
- In re WilkinsAppellate Division of the Supreme Court of the State of New York · 1900
- Dobson v. Central Railroad Co., of New JerseyNew York Supreme Court · 1902