Crofoot v. Allen
New York Supreme Court
This was an action of debt on an arbitration bond, tried at the Cortland circuit, in January, 1828, before the Hon. Samuel Nelson, one of the circuit judges. The defendant, on the 11th May, 1826, entered into an arbitration bond, whereby he bound himself to abide the award of Freeborn G. Jewett, Joseph Reynolds and Edward C. Reed, or any two of them, arbitrators elected between the parties to determine of and concerning all actions, causes of action, &c.
Read the full summary
This was an action of debt on an arbitration bond, tried at the Cortland circuit, in January, 1828, before the Hon. Samuel Nelson, one of the circuit judges. The defendant, on the 11th May, 1826, entered into an arbitration bond, whereby he bound himself to abide the award of Freeborn G. Jewett, Joseph Reynolds and Edward C. Reed, or any two of them, arbitrators elected between the parties to determine of and concerning all actions, causes of action, &c. “ the arbitrators to render the award under their hands and seals on or before, &c. the award of either two of the arbitrators to be good…
1Opinion of the Court
By the Court, Marcy, J.
Had the two arbitrators a right to act under the submission, without the attendance of the third 1 If two had the right, then their power was revoked, and the act of the defendant, which was alleged to be the revocation of the submission, was in fact as it is stated to be in the pleadings, and the objection of variance, or defect of proof, as it might more properly be called, is groundless. The plaintiff was not under the necessity to set forth, in assigning breaches, the instrument by which the submission was disannulled and revoked, in hcec verba, but only to allege…
2Cited by10 opinions
- In Re the Arbitration Between Bullard & Morgan H. Grace Co.New York Court of Appeals · 1925
- In re the Arbitration between American Eagle Fire Insurance & New Jersey InsuranceNew York Court of Appeals · 1925
- Matter of A.E. Fire Ins. Co. v. N.J. Ins. Co.New York Court of Appeals · 1925
- Shores v. BowenSupreme Court of Missouri · 1869
- American Central Insurance v. LandauNew Jersey Court of Chancery · 1901
5 more not listed; retrieve them via the Exa API.