In re the Arbitration between Wheat Export Co. & Wheat Export Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the Wheat Export Company, Inc"., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of October, 1918, denying its motion to confirm the award of arbitrators herein, and also from an order entered in said clerk’s office on the 7th day of October, 1918, granting the application of the New Century Company to vacate the said award.
1Opinion of the Court
Laughlin, J.:
The appellant is a domestic corporation, and it appears by affidavit that it was organized to administer a branch of public service carried on by the government of Great Britain in providing food for its own people and for its allies during the present war, and that in performing such service it has no competitor and makes no profit, and that one of its functions was to purchase and ship flour abroad.
It entered into six contracts with the respondent by which the latter agreed to sell and deliver to it two brands of flour, viz., “ Bakerite ” and “ Newco,” with the millers’ names…
2Cases cited4 opinions
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- In Re the Arbitration Between Burke & CornNew York Court of Appeals · 1908
- In re the Arbitration Between Burke & CornAppellate Division of the Supreme Court of the State of New York · 1907
- McGregor v. SprottNew York Supreme Court · 1891
3Cited by6 opinions
- In re the Arbitration between Martin Weiner Co. & Fred Freund Co.Appellate Division of the Supreme Court of the State of New York · 1956
- In re Arbitration Proceeding between Bond & ShubertAppellate Division of the Supreme Court of the State of New York · 1942
- In re the Arbitration between Dembitzer & GutchenAppellate Division of the Supreme Court of the State of New York · 1957
- In re the Arbitration between Deering Milliken & Co. & Boepple Sportswear Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- In re the Arbitration between Knickerbocker Textile Corp. & Leifer Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1951
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