Neidlinger v. Onward Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Onward Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day, of August, 1904, upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived, and also from an order entered in said clerk’s office on the 6th day of August, 1904, granting the plaintiff an extra allowance.
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Appeal by the defendant, the Onward Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day, of August, 1904, upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived, and also from an order entered in said clerk’s office on the 6th day of August, 1904, granting the plaintiff an extra allowance. The plaintiff is the assignee of the Vinton Company, a corporation which, pursuant to the contract discussed in the opinion, had performed and…
1Opinion of the Court
The following is the opinion of Herrick, J.:
Herrick, J.:
This case turns upon the sufficiency and effect of an architect’s certificate and the circumstances under which it was given.
“ It is now too well settled in this State to be questioned that where the parties have selected an arbitrator who is to determine the questions that arise during the performance of the contract, and *400upon whose certificate the payments are to be made,; and it is provided in the contract that the determination of such arbitrator is to be binding upon them, his determination is a condition precedent to the right of…
2Cases cited5 opinions
- Matter of WilkinsNew York Court of Appeals · 1902
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Smith v. . AlkerNew York Court of Appeals · 1886
- Del Genovese v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Herbst v. . HagenaersNew York Court of Appeals · 1893
3Cited by6 opinions
- Wm. P. Jungclaus Co. v. RattiIndiana Court of Appeals · 1918
- Oscar Daniels Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
- Condict v. . Onward Construction Co.New York Court of Appeals · 1913
- Barash v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1929
- E. E. Smith Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1924
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