Bissell v. Morgan
New York Supreme Court
THIS action was brought by the plaintiff, as assignee of Mary J. Morgan, to correct a mistake in an award made by the plaintiff as arbitrator, under a written submission to him of certain differences existing between her and Mary Loud and the defendant, and for a specific performance of it as corrected. - The arbitrator, after hearing and deliberating upon the evidence submitted to him, awarded that under a certain agreement submitted to him, a farm called “ The Morgan farm,…
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THIS action was brought by the plaintiff, as assignee of Mary J. Morgan, to correct a mistake in an award made by the plaintiff as arbitrator, under a written submission to him of certain differences existing between her and Mary Loud and the defendant, and for a specific performance of it as corrected. - The arbitrator, after hearing and deliberating upon the evidence submitted to him, awarded that under a certain agreement submitted to him, a farm called “ The Morgan farm, at the price of $70 per acre, was to be conveyed by Charles Morgan to the said Mary Jane Morgan.” And he directed, by…
1Opinion of the Court
By the Court,
Daniels, J.
The first question , arising under the exceptions taken to the decision of the referee is that affecting the jurisdiction of this court over the controversy involved in this action. By the terms of the submission, it was agreed that judgment in the Supreme Court of the State of Hew York, might be entered upon the award, to the end that the matters in controversy should be finally concluded. And the defendant now insists, that the effect of this agreement in the submission, under the provisions made by the statute for correcting mistakes in awards, is such as to exclude…
2Cases cited3 opinions
- Burnside v. . WhitneyNew York Court of Appeals · 1860
- Solomons v. M'KinstryCourt for the Trial of Impeachments and Correction of Errors · 1815
- Toppan v. HeathNew York Court of Chancery · 1828
3Cited by2 opinions
- AIG Baker Sterling Heights, LLC v. American Multi-Cinema, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Stoddard v. . WhitingNew York Court of Appeals · 1871