Harris v. . Hiscock
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 10, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 10, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff individually and as executrix of the will of Lucy M. Harris, deceased, to recover rents alleged to be due under a lease of the interests of plaintiff and decedent in certain real estate to the defendant, which real estate was owned by the parties as tenants in common. The lease was executed under seal March 1, 1873, and defendant…
1Opinion of the CourtFinch, J.
When this case was first before us we awarded judgment absolute in favor of the defendant. (74 N. Y. 108.) The extent and effect of that judgment was disputed, and it came back to us for explanation. We then held that the award of the arbitrators was null and void, but left the submission undisturbed, and to stand for what it was worth. (80 N. Y. 407.) But while the submission was not affected by our judgment, it is now claimed to have been revoked by the death of one of the arbitrators and of one of the parties before an award lawfully made. Granting the proposition for present purposes, it…
2Cases cited5 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Graves v. . WhiteNew York Court of Appeals · 1882
- Hiscock v. . HarrisNew York Court of Appeals · 1878
- Hiscock v. . HarrisNew York Court of Appeals · 1880
- Tice v. . ZinsserNew York Court of Appeals · 1879
3Cited by6 opinions
- Riverside Research Institute v. KMGA, Inc.New York Court of Appeals · 1986
- Wood v. JamesSupreme Court of Vermont · 1918
- Whalen v. . StuartNew York Court of Appeals · 1909
- Tallman v. EarleNew York Court of Common Pleas · 1891
- Unger v. HirschCity of New York Municipal Court · 1943
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