Van Cortlandt v. Underhill
Court for the Trial of Impeachments and Correction of Errors
APPEAL from the decree of the Court of Chancery, in an original suit, in which the above named respondents were plaintiffs, and the appellants defendants; and in a cross suit, in which the appellants were plaintiffs, and the respondents defendants.
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APPEAL from the decree of the Court of Chancery, in an original suit, in which the above named respondents were plaintiffs, and the appellants defendants; and in a cross suit, in which the appellants were plaintiffs, and the respondents defendants. By an indenture of lease, dated the 18th of February, 1792, Philip Fan Cortlandt and Pierre Van Cortlandt, since deceased. leased to the respondents, and Robert Underhill, Thomas Burling, and William Burling, a mill-seat and parcel of land, situate on Croton river, contaminar seventy acres, for the term of twenty-one years, from the 1st of May,…
1Opinion of the Court
Spencer, Ch. J.
The questions arising on this appeal are, 1. Whether the arbitrators were legally chosen. 2. Whether, admitting them to have been so, they have been guilty of such misconduct as ought to call for setting aside their award. A third point has been argued, relative to the alleged misconduct of the respondents in concealing the decay of the works, and in adopting measures to deceive and mislead the arbitrators. I shall not discuss that point, because, in the view of the subject which I have taken, it is unnecessary ; and because I am not prepared to say that the respondents have…
2Cited by40 opinions
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- People's Bank v. . MitchellNew York Court of Appeals · 1878
- Stemmer v. Scottish InsuranceOregon Supreme Court · 1898
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