Kelso v. Kelly
New York Court of Common Pleas
Appeal by defendant from an order overruling a demurrer to the complaint. The complaint alleges that in April, 1858, the plaintiff and one G. G. Waters, as trustee of E. M. McCready, leased to William Kelly the front and rear rooms of the rear building of Nos. 81? and 819 -Broadway for five years, at a rent of eight hundred dollars per annum, with the privilege of a further lease for five years, at a rent to be fixed by two persons to be chosen by each party—if the two could…
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Appeal by defendant from an order overruling a demurrer to the complaint. The complaint alleges that in April, 1858, the plaintiff and one G. G. Waters, as trustee of E. M. McCready, leased to William Kelly the front and rear rooms of the rear building of Nos. 81? and 819 -Broadway for five years, at a rent of eight hundred dollars per annum, with the privilege of a further lease for five years, at a rent to be fixed by two persons to be chosen by each party—if the two could not agree, they to choose a third. The rent under such renewed lease was to be not less than eight hundred dollars per…
1Opinion of the Court
By the Court.
Daly, F. J.
The averment in the complaint is that John S. Kelso hid not authority to select an arbitrator to determine what the rent under the renewed lease should be, other than his general authority to let and collect rents. This would not he sufficient to authorize him to appoint an arbitrator for the plaintiffs, and the proceedings on the part of the arbitrators were without authority, and not binding upon the plaintiffs.
The plaintiffs aver further that they notified the defendant that they would not he hound by the award, and that they were ready to proceed with the…
2Cases cited3 opinions
- Van Rensselaer's Heirs v. PennimanNew York Supreme Court · 1831
- Phillips v. PrestonSupreme Court of the United States · 1846
- Duffield v. WhitlockNew York Supreme Court · 1841
3Cited by26 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Stoddard v. . StoddardNew York Court of Appeals · 1919
- Delashman v. BerryMichigan Supreme Court · 1870
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
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