Green v. Miller
New York Supreme Court
THIS, was an action of assumpsit, on a promissory note for 300 dollars, dated 30th October, ISO/, made by the defendant, payable to the plaintiff, on demand.
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THIS, was an action of assumpsit, on a promissory note for 300 dollars, dated 30th October, ISO/, made by the defendant, payable to the plaintiff, on demand. At the trial, the counsel for the defendant offered to prove, that there was a controversy existing between the parties, which they /greed, by parol, to submit to five arbitrators, and that their award should be binding; and it was agreed, that two notes should be drawn with the same sum and date, one by each party, payable to the other, which notes should be deposited in the hands of the arbitrators, who were authorized to endorse the…
1Opinion of the CourtThompson, J.
A controversy between these parties was submitted to *41five arbitrators. The submission did not provide that a less number than the whole might make an award. All the arbitrators met, and heard the proofs and allegations of the parties, but four only agreed on the award made; and whether this award be binding, is the question now before the court.
No case has been cited by the counsel, where this question has been directly decided. I am, however, satisfied, that, as a submission to arbitrators is a delegation of power, for a mere private purpose, it is necessary that all the arbitrators should…
2Cited by45 opinions
- City of Omaha v. Omaha Water Co.Supreme Court of the United States · 1910
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- People ex rel. Crawford v. LothropSupreme Court of Colorado · 1877
- Leggett v. . HunterNew York Court of Appeals · 1859
- Pennsylvania Co. for Insurance on Lives v. BauerleIllinois Supreme Court · 1892
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