Legal Opinion

Halstead v. . Seaman

New York Court of Appeals

Decided September 21, 1880PublishedCited by 22 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to set aside an award and to recover a balance alleged to be due plaintiff from defendant, for sums realized by the latter from property mortgaged to the parties for loans made by them to one Yon Eisenberg.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to set aside an award and to recover a balance alleged to be due plaintiff from defendant, for sums realized by the latter from property mortgaged to the parties for loans made by them to one Yon Eisenberg. The parties submitted the controversy to arbitrators; the submission was in the following words : “ Whereas, differences exist and have existed for some time between…

1Opinion of the CourtRapallo, J.

The findings of the judge before whom this action was tried at Special Term state ‘that, on the hearing before the arbitrators, the plaintiff and defendant, respectively, presented written statements and were fully heard in respect to the matters set up in such statements, and that thereafter the plaintiff offered to produce as witnesses Sheldon and Brown, but did not show what testimony they could give nor in what respect it was material, and did not produce the witnesses named, and that the arbitrators did not receive the testi many of Sheldon and Brown. But on the settlement of the case,…

2Cases cited2 opinions

  1. Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
  2. Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819

3Cited by22 opinions

  1. Stefano Berizzi Co. v. KrauszNew York Court of Appeals · 1925
  2. Gervant v. New England Fire InsuranceNew York Court of Appeals · 1954
  3. Dodds v. . HakesNew York Court of Appeals · 1889
  4. Agricultural Insurance Co. of Watertown v. BiltzNevada Supreme Court · 1937
  5. In re the Arbitration between Katz & UvegiNew York Supreme Court · 1959

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